IC-NRLF 


HD 


4fl    ISfl 


GIFT   OF 


DOCUMENTS 

DEPT. 


C.  A.  13 


UNITED  STATES  EMPLOYEES' 
COMPENSATION  COMMISSION 


REGULATIONS 

CONCERNING 

DUTIES  OF  EMPLOYEES,  OFFICIAL  SUPERIORS, 
MEDICAL  OFFICERS,  AND  OTHERS 

UNDER 

FEDERAL  COMPENSATION  ACT  OF  SEPTEMBER  7, 1916 


COMMISSIONERS 

MRS.  FRANCES  C.  AXTELL,  CHAIRMAN 
JNO.  J.  KEEGAN  R.  M.  LITTLE 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1918 


C.  A.  18 


UNITED  STATES  EMPLOYEES' 
COMPENSATION  COMMISSION 


REGULATIONS 


CONCERNING 


DUTIES  OF  EMPLOYEES,  OFFICIAL  SUPERIORS, 
iMEDICAL  OFFICERS,  AND  OTHERS 


UNDER 


FEDERAL  COMPENSATION  ACT  OF  SEPTEMBER  7, 1916 


COMMISSIONERS 

MRS.  FRANCES  C.  AXTELL,  CHAIRMAN 
JNO.  J.  KEEGAN  R.  M.  LITTLE 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1918 


C/' 


CONTENTS. 

Page. 

Benefits  Provided  by  the  Compensation  Act 7-9 

Duties  of  Employees 11-18 

1.  First-aid  treatment 11 

2.  Medical  and  hospital  service  without  cost  to  employee  by  "designated" 

physicians  and  hospitals 11 

3.  Medical  and  hospital  service  not  paid  for,  if  employee  refuses  to  accept 

what  is  provided 11 

4.  Medical  and  hospital  service  without  cost  where  no  physician  or  hos- 

pital has  been  designated 11, 12 

5.  Transportation  to  secure  medical  or  hospital  service 12 

6.  Notice  of  injury 12, 13 

7.  Claim  for  compensation  on  account  of  injury. 13 

8.  Waiver  of  affidavit  when  necessary 13, 14 

9.  Waiver  of  claim 14 

10.  Penalty  for  false  statement  in  claim 14 

11.  Claim  for  payment  for  medical  or  hospital  service 14 

12.  Semimonthly  claims  for  continuance  of  compensation 14, 15 

13.  Medical  certificates 15 

14.  Medical  examinations 15 

15.  Refusal  or  obstruction  of  medical  examination 15 

16.  Refusal  to  submit  to  hospital  rules ." 15 

17.  Partial  disability — failure  to  return  to  work  or  to  seek  work  when  able 

will  end  compensation 15, 16 

18.  Partial  disability — certificate  of  inability  to  secure  employment 16 

19.  Partial  disability — affidavits  as  to  earnings  in  case  of 16 

20.  Lump-sum  compensation 16 

21.  Willful  misconduct  or  intention  to  bring  about  injury,  a  bar  to  com- 

pensation 16 

22.  Intoxication,  when  the  proximate  cause  of  injury,  a  bar  to  compensa- 

tion    16, 17 

23.  Refusal  of  medical  or  surgical  treatment 17 

24.  Claims  for  damages  against  third  parties  liable  on  account  of  personal 

injuries  to  employees 17, 18 

25.  Payments  by  mistake fc 18 

Duties  of  Official  Superiors 19-26 

26.  Definition  of  official  superior 19 

27.  First  aid  treatment 19 

28.  Medical  and  hospital  service  to  which  injured  employee  is  entitled 19 

29.  Medical  and  hospital  service — injured  employee  to  be  informed  of  his 

rights 19,  20 

30.  Medical  and  hospital  services — requests  authorizing  treatment  of  in- 

jured employees 20 

31.  Requests  for  medical  or  hospital  sendee  when  official  superior  has 

doubt  as  to  employee's  right  to  treatment 20 

32.  Record  of  injury 20 

33.  Reports  of  injuries 20,  21 

34.  Partial  disability — injured  employee  should  be  given  or  secured  work 

when  able,  if  practicable ." 21,  22 

380483 


4  CONTENTS. 

Duties  of  Official  Superiors— Continued.  page. 

35.  Injured  employee's  ability  to  resume  work — examination  in  case  of 

disagreements 22 

36.  Report  of  termination  of  disability 22 

37.  Permanent  partial  disability — the  injured  employee  to  be  informed  of 

his  rights 22 

38.  Report  of  death 22 

39.  Claim  blanks  to  be  furnished 22,  23 

40.  Waiver  of  claims 23 

41.  Certificates  of  official  superiors 23 

42.  Claims — officials  should  see  that  claim  forms  are  completely  and  cor- 

rectly filled  out 23,  24 

43.  Claims  to  be  forwarded  promptly 24 

44.  Claims  on  account  of  death 24,  25 

45.  Burial  expenses. 25 

46.  Notice  of  action  on  claims 25 

47.  Notice  to  employees  of  their  rights  and  duties 26 

48.  Insane  injured  employees  to  be  transferred  to  hospital  for  insane 26 

49.  Preparation  of  reports  and  claims 26 

50.  Mailing  of  reports  and  claims 26 

51.  Requests  for  forms 26 

Instructions  Governing  Medical,  Surgical,  and  Hospital  Services 27-38 

52.  Medical  and  hospital  service  to  which  injured  employee  is  entitled. . .  27 

53.  Medical  and  hospital  service  available 27 

54.  First-aid  treatment  by  United  States  medical  officers 27 

55.  First-aid  treatment  in  emergency 28 

56.  Bills  for  emergency  first-aid  treatment  by  private  physicians 28 

57.  Ambulance  service 28 

58.  First-aid  dispensary  treatment  should  be  by  medical  officer  or  trained 

assistant 28 

59.  Records  of  injuries 28 

60.  Medical  treatment  without  written  request 28 

61.  Requests  for  medical  treatment 28,  29 

62.  Car  fare  to  secure  medical  and  hospital  service 29 

63.  Medical  treatment  will  be  given  at  dispensaries  and  hospitals  wherever 

practicable 29 

64.  Dispensary  service 29 

65.  Hospital  service  in  emergency 29,  30 

66.  Hospital  service — approval  of  medical  officer 30 

67.  Examinations  and  records  preceding  hospital  treatment 30 

68.  Requests  for   medical  or  hospital  service  when  official  superior  has 

doubt  as  to  employee's  right  to  treatment 30 

69.  Hospital  treatment  pending  determination  of  injured  employee's  right 

to  treatment 30, 31 

70.  Explanation  of  refusal  of  treatment  to  be  made  to  employee 31 

71.  Medical  or  hospital  treatment  when  medical  officer  has  doubt  of  em- 

ployee's right  to  treatment 31 

.  72.  Orders  for  medical  treatment  in  "designated  "  hospitals 31 

73.  Bills  of  "designated "  hospitals 31, 32 

74.  Orders  for  medical  treatment  in  hospitals  to  be  submitted  to  Compensa- 

tion Commission  with  bills 32 

75.  Clinical  records  to  be  kept 32 

76.  Specialists  to  be  employed  when  necessary 32 

77.  Bills  for  treatment  by  specialists 32, 33 


CONTENTS.  5 

Instructions  Governing  Medical,  Surgical,  and  Hospital  Services— Con.    page. 

78.  Treatment  by  osteopaths,  chiropractors,  etc 33 

79.  Burial  expenses 33 

80.  Medical  and  hospital  service  not  paid  for  if  employee  refuses  to  accept 

what  is  provided .33 

81.  Refusal  of  medical  or  surgical  treatment 33,  34 

82.  Refusal  to  submit  to  hospital  rules 34 

,83.  Medical  supervision  of  injured  employees  treated  by  private  physicians. 

84.  Refusal  or  obstruction  of  medical  examination 34 

85.  Statement  of  medical  officer  to  be  made  in  connection  with  claim. ...  34,  35 

86.  Medical  referee  to  be  employed  in  case  of  disagreement 35 

87.  Medical  referee's  examination — official  superior  and  injured  employee 

may  be  represented  by  physicians 35 

88.  Medical  referee's  examination  must  be  thoroughly  impartial  procedure .  35,  36 

89.  Disabilities  not  related  to  the  injury,  but  prolonging  treatment,  to  be 

immediately  reported  to  Commission 36 

90.  Injured  employee  able  to  do  light  or  modified  work 36 

91 .  Hospital  treatment  in  general  ward  to  be  furnished 36 

92.  Hospital  treatment  in  private  room — conditions  under  which  furnished .         36 
PROCEDURE  WHERE  THERE   ARE   No  UNITED  STATES  OR  "DESIGNATED" 

PHYSICIANS  OR  HOSPITALS 36-38 

93.  Injured  employee  to  select  physician  in  case  no  United  States  or 

"designated"  physician  or  hospital  is  available 36,37 

94.  Physicians'  bills  to  be  forwarded  to  Commission,  and  not  paid  by 

injured  employee 37 

95.  Injured  employee  to  select  hospital,  if  necessary,  where  no  United 

States  or  "designated "  hospital  is  available 37 

96.  Hospital  bills  to  be  forwarded  to  the  Commission,  and  not  paid  by 

employee 37 

97.  Transportation  to  be  furnished  upon  authorization  of  Commission 

when  necessary  to  secure  adequate  hospital  treatment 37,  38 

98.  Medical  examination  of  injured  employee  to  determine  whether  disa- 

bility is  due  to  injury 38 

99.  Insane  injured  employees  to  be  transferred  to  hospital  for  insane 38 

Duties  of  Beneficiaries  of  Deceased  Employees 39-43 

100.  Claims  for  compensation 39 

101.  Penalty  for  false  statement  in  claim 40 

102.  Lump-sum  awards 40 

103.  Burial  expenses 40 

104.  Embalming  and  transportation  of  bodies  of  deceased  employees 40 

105.  Claims  for  continuance  of  compensation 41 

106.  Termination  of  right  to  compensation 41 

107 .  Penalty  for  accepting  compensation  after  marriage '42 

108.  Change  in  the  compensation  payable  to  beneficiaries 42 

109.  Claims  for  damages  against  third  parties  liable  on  account  of  death  ot 

employees 42,  43 

110.  Payments  by  mistake 43 

Rulings  of  the  Compensation  Commission 45, 46 

Definition  of  term  ' '  while  in  the  performance  of  his  duty  " 45 

Hernia , 45, 46 

Aggravation  of  preexisting  physical  defects 46 

Sunstroke,  heat  prostration,  frostbite,  and  lightning 46 

Forms  used  in  reporting  inj  uries  and  making  claims 47-50 

Text  of  the  Compensation  Act 51-61 

Index  to  Regulations 62-64 


BENEFITS  PROVIDED  BY  THE  COMPENSATION  ACT. 

[For  full  provisions  of  Compensation  Act  see  Text  of  Act,  pages  51-61.] 
PERSONS  PROTECTED  BY  THE  COMPENSATION  ACT. 

All  civil  employees  of  the  United  States  and  of  the  Panama  Rail- 
ro'ad  Co. 

INJURIES  FOR  WHICH  COMPENSATION  IS  PAYABLE. 

Personal  injuries  sustained  on  or  after  September  7,  1916,  while  in 
the  performance  of  duty,  and  causing  disability  for  work  (with 
loss  of  pay)  for  more  than  three  days. 
But  not  when  caused  by : 

Willful  misconduct  of  injured  employee. 

Injured  employee's  intention  to  bring  about  injury  or 

death  to  himself  or  another. 
Intoxication  of  injured  employee  (as  proximate  cause). 

MEDICAL  SERVICE  FURNISHED  IN  CASE  OF  INJURIES. 

For  all  injuries  sustained  on  or  after  September  7,  1916,  while  in 
the  performance  of  duty,  whether  resulting  in  disability  or  not. 
Reasonable  medical,  surgical,  and  hospital  services  and  sup- 
plies,   unless   refused,    and    transportation   to    place   of 
securing  them  if  necessary. 

Services  and  supplies  must  be  furnished  by  United 
States  medical  officers  and  hospitals  if  practicable ;  if  such 
services  are  not  available,  then  by  private  physicians  and 
hospitals  designated  by  the  Compensation  Commission, 
a  list  of  which  will  be  found  in  the  hands  of  the  official 
superior  or  head  of  the  establishment.  Where  there  is  no 
designated  physician  or  hospital,  or  United  States  medical 
officer  or  hospital,  any  reputable  physician  licensed  to 
practice  medicine,  or  any  hospital,  may  be  employed. 

MONEY  BENEFITS  PAYABLE  IN  CASE  OF  DISABILITY. 

If  disability  is  total,  66|  per  cent  of  the  monthly  pay  (including 
value  of  subsistence  and  quarters,  if  furnished)  during  continu- 

7 


8  UNITED  STATES  EMPLOYEES'    COMPENSATION   COMMISSION. 

ance  .of  such  disability,  beginning  on  the  fourth  day  of  dis- 
ability, or  on  the  fourth  day  after  pay  stops  if  leave  with  pay 
is  taken,  but  not  more  than  $66.67  nor  less  than  $33.33,  unless 
the  monthly  pay  is  less  than  $33.33,  in  which  case  the  monthly 
compensation  shall  be  the  full  amount  of  the  monthly  pay. 

If  disability  is  partial,  66|  per  cent  of  the  loss  in  wage-earning 
capacity  due  to  the  disability,  subject  to  the  same  limitation  as 

'    in  the  case  of  total  disability. 

BURIAL  EXPENSES  PAYABLE  IN  CASE  OF  DEATH. 

Burial  expenses  not  exceeding  $100,  and  transportation  of  body  of 
resident  of  United  States  dying  away  from  home  station,  if 
relatives  desire  it. 

MONEY  BENEFITS  PAYABLE  IN  CASE  OF  DEATH. 

To  dependents  named  below,  monthly  compensation  equal  to  the 
specified  percentage  of  deceased  employee's  monthly  pay,  which 
for  computing  this  compensation  shall  be  considered  to  be  not 
more  than  $100  nor  less  than  $50,  but  the  monthly  compensation 
can  not  exceed  the  monthly  pay. 

To  widow  or  wholly  dependent  widower,  35  percent  of  monthly 
pay  of  deceased  employee  until  death  or  remarriage. 

And,  in  addition,  for  each  child  under  18,  10  per  cent  of 
monthly  pay  until  death,  marriage,  or  reaching  the  age 

of  18.  " 

To  one  child  under  18,  if  there  is  no  widow  or  dependent 

widower,  25  per  cent  of  monthly  pay. 
To  each  additional  child  under  18,  10  per  cent, 
To  be  divided  .among  the  children  equally. 
To  be  paid,  until  death,  marriage,  or  reaching  age  of  18, 
to  child's  guardian. 

If  there  is  no  widow,  or  dependent  widower,  or  child  under  18 : 
To  one  parent,  if  wholly  dependent,  25  per  cent. 
To  two  parents,  if  wholly  dependent,  each  20  per  cent. 
To  parent  or  parents,  if  partly  dependent,  proportionate 
amounts,  to  be  determined  by  the  commission. 

To  be  paid  for  eight  years,  or  until  death,  marriage, 
.  or  ending  of  dependency. 

If  there  is  a  widow,  or  dependent  widower,  or  child  under  18, 
dependent  parents  will  be  paid  so  much  of  above  percent- 
ages as  added  to  payments  to  wridow  or  widower  and  chil- 
dren will  not  exceed  66J  per  cent  of  monthly  pay. 


BENEFITS  PROVIDED  BY  THE   COMPENSATION  ACT. 


9 


If  there  is  no  widow,  widower,  child,  or  dependent  parent : 

To  one  person,  20  per  cent  of 


Brothers. 
Sisters. 
Grandparents. 
Grandchildren. 


If  wholly  dependent 
on  deceased. 


If  partly  dependent 
on  deceased. 


monthly  pay. 
To  more  than  one  person,  30 

per  cent,  share  and  share 

alike. 
To  one  or  nnore  persons,  10 

per  cent,  share  and  share 

alike. 


To  be  paid,  for  eight  years,  or  until  death,  marriage,  or 
reaching  age  of  18. 

If  there  is  a  widow,  widower,  child,  or  dependent  parent, 
dependent  brothers,  sisters,  grandparents,  or  grandchil- 
dren shall  be  paid  so  much  of  above  percentages  as 
added  to  payments  to  widow,  widower,  child,  and  de- 
pendent parent,  will  not  exceed  66f  per  cent  of  monthly 

pay- 

EMPLOYEE'S  RIGHT  TO  MAKE  CLAIM  FOR  COMPENSATION. 

The  employee  is  entitled  to  have  any  claim  for  payment  of  com- 
pensation or  medical  or  hospital  service  on  account  of  an  injury 
which  he  believes  was  sustained  while  in  the  performance  of  duty 
on  or  after  September  7,  1916,  passed  upon  by  the  Compensation 
Commission. 
55930°— 18 2 


DUTIES  OF  EMPLOYEES. 

1.  First-aid  treatment, — When  a  civil  employee  of  the  United  States 
is  injured  in  the  performance  of  duty  he  should  immediately  go  for 
treatment  to  the  medical  officer  or  dispensary  of  the  establishment  in 
which  he  is  employed. 

If  there  is  no  medical  officer  or  dispensary  in  the  establishment,  the 
injured  employee  should  obtain  from  the  official  superior  a  request 
for  treatment  by  the  United  States  medical  officer  or  hospital  or  by 
the  "  designated  "  physician  or  hospital. 

If  there  is  no  United  States  medical  officer  or  hospital,  nor  "  desig- 
nated "  physician  or  hospital,  then  the  employee  may  obtain  needed 
treatment  from  any  reputable  private  physician  licensed  to  practice 
"  medicine  and  surgery  "  under  the  laws  of  the  State  in  which  the 
employee  resides  or  from  any  reputable  well-equipped  private  hos- 
pital. 

2.  Medical  and  hospital  service  without  cost  to  employee  by  "  desig- 
nated "  physicians  and  hospitals. — Xecessary  medical,  surgical,  and  hos- 
pital services  and  supplies  will  be  furnished  to  injured  employees 
without  cost  to  them,  if  given  by  the  person  in  charge  of  the  first-aid 
service  of  the  establishment,  by  Government  physicians,  hospitals,  or 
dispensaries,   or  by  physicians,   hospitals,   or   dispensaries  "desig- 
nated "  by  the  Compensation  Commission,  a  list  of  which  is  in  the 
hands  of  all  medical  officers  and  of  the  heads  of  all  establishments. 
If  the  treatment  is  to  be  obtained  outside  the  establishment,  the 
official  superior  will  furnish  the  necessary  order  for  the  same. 

3.  Medical  and  hospital  service  not  paid  for  if  employee  refuses  to 
accept  what  is  provided. — Any  employee  who  refuses  to  accept  the 
medical,  surgical,  or  hospital  services  or  supplies  offered  or  pro- 
vided by  the  United  States,  will  not  be  entitled  to  reimbursement  for 
any  such  services  or  supplies  he  may  himself  select  or  secure. 

4.  Medical  and  hospital  service  without  cost  where  no  physician  or 
hospital  has  been  designated. — In  places  where  there  are  no  physicians 
or  hospitals  designated  by  the  Commission  and  no  United  States 
medical  officers,  hospitals,  or  dispensaries,  the  employee  is  author- 
ized to  select  for  the  treatment  of  his  injury  any  reputable  physician 
licensed  to  practice  medicine  and  surgery.    This  rule  does  not  author- 
ize the  employment  of  doctors  of  osteopathy,  chiropractors,  mental 

11 


12        UNITED  STATES  EMPLOYEES7   COMPENSATION   COMMISSION. 

healers,  etc.,  except  as  their  services  may  be  prescribed  by  persons 
licensed  to  practice  medicine  and  surgery. 

In  cases  requiring  hospital  treatment,  a  reputable,  well-equipped 
hospital  should  be  selected,  and  treatment  at  general- ward  rates  is 
authorized.  If  the  injury  is  such  as  to  require  a  private  room,  the 
Commission  will  approve  the  necessary  expenditure.  An  injured  em- 
ployee may,  however,  in  any  case,  select  a  private  room,  provided  he 
pays  the  difference  between  the  general-ward  rate  and  that  of  the 
private  room. 

An  injured  employee  should  not  pay  physicians'  or  hospital  bills, 
but  forward  them  without  delay,  through  his  official  superior,  to  the 
Commission  for  settlement.  Such  bills  should  be  itemized,  showing 
the  nature  of  the  service  rendered,  and  should  be  approved  by  the 
employee  as  correct.  In  selecting  his  physician,  the  injured  em- 
ployee should  inform  him  that  the  Employees'  Compensation  Com- 
mission will  pay  all  reasonable  charges,  but  that  settlement  will  be 
based  on  the  rates  fixed  or  obtaining  In  the  locality  for  persons  re- 
ceiving the  average  income  of  United  States  civil  employees. 

5.  Transportation  to  secure  medical  or  hospital  service. — When  author- 
ized by  the  Commission  or  by  his  official  superior,  an  injured  em- 
ployee may,  whenever  necessary  to  secure  proper  medical  or  hospital 
attention,  travel  at  the  expense  of  the  Commission  from  his  place  of 
employment  or  his  home,  as  the  case  may  be,  to  the  designated  place 
where  such  treatment  may  be  obtained,  and  return. 

Employees  desiring  to  be  reimbursed  for  transportation  and  other 
reasonable  and  necessary  expenses  incident  to  securing  the  necessary 
medical  and  surgical  attention  and  supplies  should  send  to  the  Com- 
mission for  its  action  an  itemized  statement  of  such  expenses,  and,  as 
regards  transportation,  a  statement  showing  the  dates  of  trips,  the 
points  between  which  each  trip  was  made,  and  the  cost  of  transpor- 
tation for  each  trip,  so  that  the  Commission  may  have  sufficient  data 
upon  which  to  take  action.  Wherever  practicable,  injured  employees 
will  be  furnished  street  car  tickets  by  the  medical  or  injury  officer  of 
the  establishment,  to  be  used  in  securing  medical  treatment. 

6.  Notice  of  injury. — Whenever  any  injury  is  sustained  by  a  civil 
employee  of  the  United  States  while  in  the  performance  of  his  duties, 
he  shall  immediately  report  it  to  his  official  superior.    If  the  injured 
employee  is  unable  himself  to  give  such  notice,  it  should  be  given  by 
some  one  in  his  behalf.    Such  notice  should  be  given  in  the  case  of  all 
injuries,  even  though  they  are  so  slight  in  character  that  the  injured 
person  has  no  intention  of  making  a  claim  for  compensation  therefor. 
It  often  happens  that  an  injury,  which  at  first  appears  to  be  slight 
and  causes  no  loss  of  time,  results  later  in  serious  disability.    //  the 
injury  is  not  reported  at  the  time  of  occurrence,  it  may  be  impossible 


DUTIES   OF   EMPLOYEES.  13 

later  on  to  prove  its  occurrence  and  to  establish  a  right  to  compere 
sation. 

This  notice  shall  be  given  in  writing  on  form  C.  A.  1,  copies  of 
which  are  furnished  by  the  Commission  to  the  various  branches  of  the 
Federal  service.  It  shall  be  delivered  to  the  immediate  superior 
either  personally,  or  by  depositing  it,  properly  stamped  and  ad- 
dressed, in  the  mail.  Unless  notice  of  injury  is  given  as  above  re- 
quired, within  48  hours,  or  the  immediate  superior  has  actual  knowl- 
edge of  the  injury,  or  reasonable  cause  for  failure  of  this  notice  ig 
shown,  compensation  may  be  refused. 

7.  Claim  for  compensation  on  account  of  injury. — Compensation  JOT 
disability  will  ~be  granted  for  injuries  sustained  ~by  employees  while 
in  the  performance  of  their  duties  only  when  a  formal  claim  is  made 
therefor  on  form  C.  A.  4- 

The  claim  shall  be  made  on  the  first  page  of  that  form  by  the 
person  claiming  compensation,  or  by  some  person  acting  in  his  be- 
half. It  shall  be  in  writing  and  shall  be  sworn  to  by  the  person 
claiming  compensation,  or  by  the  person  acting  in  his  behalf.  On 
the  second  page  of  the  form  shall  appear  the  statements  of  witnesses, 
if  any,  and  the  statement  of  the  establishment  medical  officer  if  the 
claimant  has  been  given  medical  treatment  by  such  an  officer.  On  the 
third  page  shall  be  furnished  the  certificate  of  the  physician  who 
attended  the  claimant  during  the  period  of  disability.  When  the 
first  three  pages  of  the  claim  have  been  completed,  the  claimant  shall 
transmit  it  to  his  official  superior  so  that  the  latter  may  fill  out  his 
certificate  on  the  fourth  page. 

If  an  injury  seems  likely  to  result  in  prolonged  disability,  a  claim 
for  compensation  should  be  submitted  at  the  expiration  of  18  days 
after  pay  stops.  If  the  disability  is  likely  to  last  for  less  than  18 
days,  the  claim  for  compensation  should  be  submitted  upon  the  termi- 
nation of  such  disability. 

In  no  case  shall  the  submission  of  a  claim  for  compensation  be  de- 
layed beyond  60  days  after  the  injury,  or  compensation  may  be  re- 
fused. The  Commission  is  allowed  at  its  discretion,  however,  to 
award  compensation,  if,  for  reasonable  cause  shown,  a  claim  is  filed 
within  one  year  from  the  date  of  injury. 

8.  Waiver  of  affidavit  when  necessary. — An  injured  employee  desir- 
ing to  claim  compensation,  who  is  confined  to  a  hospital  and  is, 
therefore,  unable  to  go  to  a  notary  public,  justice  of  the  peace,  or 
other  officer  authorized  to  administer  oaths  generally,  to  make  his 
affidavit  on  the  claim  form,  is  authorized  to  certify  to  the  correct- 
ness of  his  statements  in  the  claim  before  the  superintendent  or  some 
other  officer  of  the  hospital  in  which  he  is  confined. 

An  injured  employee  who  is  in  an  isolated  locality  and  unable  to 
appear  before  a  notary  public,  justice  of  the  peace,  or  other  officer 


14        UNITED  STATES  EMPLOYEES '   COMPENSATION   COMMISSION. 

authorized  to  administer  oaths  generally,  may  certify  to  the  correct- 
ness of  his  statements  in  the  claim  for  compensation  before  his  official 
superior. 

9.  Waiver  of  claim. — No  person  is  authorized  to  require  an  injured 
employee  to  enter  into  any  agreement  either  before  or  after  an  injury 
to  waive  his  right  to  claim  compensation,  and  any  such  waiver,  if 
secured,  will  not  affect  the  employee's  right  later  to  claim  compensa- 
tion from  the  Commission. 

10.  Penalty  for  false  statement  in  claim. — Any  false  statement  know- 
ingly made  by  a  claimant  in  a  claim  for  compensation  on  account  of 
injury  or  medical,  surgical,  or  hospital  services,  or  supplies,  consti- 
tutes perjury  and  renders  the  claimant  guilty  thereof  liable  to  a  fine 
of  not  more  than  $2,000,  or  imprisonment  for  not  more  than  one  year, 
or  to  both  such  fine  and  imprisonment. 

11.  Claim  for  payment  for  medical  or  hospital  service. — In  all  cases 
where  medical  or  hospital  services  or  supplies  are  to  be  paid  for  by 
the  Commission  the  bills  should  be  forwarded,  unpaid,  by  the  claim- 
ant, through  his  official  superior,  or  by  the  physician  or  hospital 
furnishing  the  services  or  supplies.     Nothing  further  is  required  in 
those    cases    where    a    claim    for   compensation    has   already    been 
submitted. 

When,  however,  an  injured  employee  does  not  claim  compensation 
on  account  of  time  lost,  but  when  a  bill  for  medical  or  hospital  service 
and  supplies  against  the  Compensation  Commission  has  been  in- 
curred, payment  therefor  will  be  made  direct  to  the  physician  or 
hospital  furnishing  the  same.  In  order  that  the  Commission  may 
have  evidence  that  the  service  was  rendered  and  that  the  bill  is  a 
proper  one,  formal  claim  should  be  made  by  the  employee  for  these 
expenses  on  form  C.  A.  6. 

12.  Semimonthly  claims  for  continuance  of  compensation. — An  em- 
ployee whose  injury  results  in  disability  continuing  beyond  the  time 
covered  by  the  first  payment  of  compensation  shall,  on  the  1st  and 
16th  of  each  month,  or  as  soon  after  each  of  these  dates  as  prac- 
ticable, fill  out  his  portion  of  form  C.  A.  8,  secure  the  certificate  of 
the  official  medical  officer  at  his  place  of  employment  (if  there  is  one 
and  he  has  been  treated  by  such  officer),  together  with  the  certificate 
of  the  attending  physician,  in  cases  where  he  has  been  treated  by  a 
physician  other  than  the  official  medical  officer,  and  then  transmit 
the  form  to  the  official  superior,  who  will  fill  out  his  certificate  and 
forward  the  same  to  the  Commission.     These  forms,  requesting  a 
continuance  of  compensation  on  account  of  disability,  serve  as  the 
basis  for  the  compensation  payments  for  the  periods  which  they 
cover  and  should  be  submitted  promptly  on  the  dates  named  in  order 
to  avoid  delay  in  payment.     Failure  to  furnish  such  semimonthly 


DUTIES  OF   EMPLOYEES.  15 

certificates  will  be  regarded  by  the  Commission  as  evidence  of  the 
employee's  recovery  and  will  result  in  a  stoppage  of  compensation 
payments  unless  evidence  of  disability  satisfactory  to  the  Com- 
mission is  later  furnished. 

13.  Medical  certificates. — Injured  employees  claiming  compensation 
on  account  of  disability  shall  furnish  such  medical  certificates  as 
their  official  superiors  or  the  Commission  may  require  from  time  to 
time. 

14.  Medical  examinations. — Every  employee  claiming  compensation 
for   disability  shall  submit  to  medical  examination   whenever  re- 
quired by  the  Commission  or  by  his  official  superior  or  by  the  medical 
officer  in  charge  of  his  case.     The  employee  may,  if  he  desires,  have 
a  duly  qualified  physician,  selected  and  paid  by  him,  present  to  par- 
ticipate in  such  examination.     For  all  medical  examinations  after 
the  first  the  employee  may,  in  the  discretion  of  the  Commission,  be 
paid  his  reasonable  traveling  and  other  expenses  and  loss  of  wages 
incurred  in  order  to  submit  to  such  examination.     Employees  desir- 
ing to  be  reimbursed  for  their  traveling  expenses  or  loss  of  wages  for 
such  examinations  after  the  first,  should  submit  itemized  statements 
to  the  Commission  showing:  First,  the  dates  of  trips;  second,  the 
points  between  which  each  trip  was  made ;  third,  the  transportation 
charges  for  each  trip ;  and,  fourth,  the  amount  of  wages  lost  by  rea- 
son of  each  trip,  in  each  case  stating  the  dates,  as  well  as  the  number 
of  days  or  fractional  parts  of  days,  and  the  actual  wage  loss  for  such 
days  or  fractional  parts  thereof. 

15.  Refusal  or  obstruction  of  medical  examination. — If  an  employee 
refuses  to  submit  himself  for,  or  in  any  way  obstructs,  any  medical 
examination,  his  right  to  claim  compensation  shall  be  suspended 
until  such  refusal  or  obstruction  ceases.     No  compensation  will  be 
paid  while  such  refusal  or  obstruction  continues,  and  the  period  of 
such  refusal  or  obstruction  will  be  deducted  from  the  period  for 
which  compensation  is  payable  to  him. 

16.  Refusal  to  submit  to  hospital  rules. — An  injured  employee  sent 
to  a  hospital  for  treatment  should  understand  that  compliance  with 
all  reasonable  hospital  rules  and  requirements  is  necessary,  and  that 
a  refusal  on  his  part  to  submit  to  such  rules  and  requirements,  which 
results*in  discharge  from  a  hospital,  may  be  construed  by  the  Com- 
mission as  a  refusal  to  accept  the  treatment  furnished  under  the 
terms  of  section  9  of  the  Compensation  Act,  in  which  ease  further 
medical  or  hospital  treatment  will  not  be  furnished  by  the  Com- 
mission. 

17.  Partial  disability — Failure  to  return  to  work  or  to  seek  work  when 
able  will  end  compensation. — When  total  disability  to  perform  work 
ceases  and  the  employee  is  able  to  perform  a  part  of  his  usual  duties, 


16       UNITED  STATES  EMPLOYEES'   COMPENSATION  COMMISSION. 

or  to  perform  work  of  a  different  nature,  he  must  seek  such  suitable 
work  as  he  is  able  to  perform,  unless  it  has  already  been  provided 
for  him,  and  shall  accept  such  work  or  offer  of  work  secured  for  him. 
Failure  to  do  so  will  result  in  the  forfeiture  of  the  right  to  receive 
any  compensation. 

During  the  continuance  of  partial  disability  an  employee  is  en- 
titled to  two-thirds  of  the  difference  between  the  wages  earned  in 
his  occupation  at  the  time  of  the  injury  and  the  wages  earned  in 
the  position  he  is  able  to  fill  during  the  partial  disability. 

18.  Partial  disability — Certificate  of  inability  to  secure  employment. — » 
Employees  partially  disabled  and  receiving  full  compensation,  due 
to  their  inability  to  secure  suitable  employment,  shall  furnish  with 
Form  C.  A.  8  requesting  a  continuance  of  compensation  payments 
on  the  1st  and  16th  of  each  month,  a  statement  that  they  have 
sought  but  have  neither  been  offered  nor  been  able  to  secure  work 
which  they  are  capable  of  performing.     This  statement  may  be  made 
in  the  form  of  a  letter  addressed  to  the  United  States  Employees' 
Compensation  Commission.     Failure  to  furnish  this  certificate  will 
result  in  the  stoppage  of  compensation  payments  until  the  same  is 
furnished. 

19.  Partial   disability — Affidavits   as  to   earnings  in   case   of. — Em- 
ployees receiving  compensation  for  partial  disability  shall,  whenever 
required  by  the  Commission,  make  affidavit  stating  the  exact  wages 
which  they  are  receiving,  including  as  a  separate  item  the  value  of 
housing,  board,  lodging,  and  other  advantages  received  by  them  from 
their  employers  as  a  part  of  their  remuneration.     Failure  to  make 
such  an  affidavit  when  required  will  result  in  forfeiture  of  com- 
pensation during  the  period  of  such  failure.     Any  false  statement 
knowingly  made  in  such  affidavit  by  an  employee  constitutes  perjury, 
and  renders  the  claimant  guilty  thereof  liable  to  punishment  by  a 
fine  of  not  more  than  $2,000  or  by  imprisonment  of  not  more  than 
one  year,  or  by  both  such  fine  and  imprisonment. 

20.  Lump-sum  compensation. — The  Commission  is  permitted  under 
the  law  to  make  lump-sum  awards  in  cases  of  death  or  of  permanent 
total  or  permanent  partial  disability,  but  it  is  not  the  policy  of  the 
Commission  to  make  such  lump-sum  payments  unless  it  can  be  con- 
clusively shown  that  such  action  is  for  the  best  interests  of  the 
beneficiary. 

21.  Willful  misconduct  or  intention  to  bring  about  injury,  a  bar  to 
compensation. — No  compensation  can  be  paid  to  an  injured  employee 
or  his  beneficiaries  on  account  of  an  injury  or  death  resulting  from 
the  willful  misconduct  of  such  employee,  or  from  his  intention  to 
bring  about  the  injury  or  death  of  himself  or  other  persons. 

22.  Intoxication,  when  the  proximate  cause  of  injury,  a  bar  to  com- 
pensation,— No  compensation  will  be  paid  to  an  injured  employee 


DUTIES   OF   EMPLOYEES.  17 

or  his  beneficiaries  if  intoxication  of  the  employee  constitutes  the 
proximate  cause  of  his  injury  or  death. 

23.  Refusal  of  medical  or  surgical  treat ment.—No  compensation  will 
be  paid  on  account  of  the  death  or  disability  of  an  employee  if  his 
death  is  caused,  or  if  and  in  so  far  as  disability  is  caused,  continued, 
or  aggravated  by  an  unreasonable  refusal  to  submit  to  medical  treat- 
ment or  to  any  surgical  treatment,  the  risk  of  which  is  inconsider- 
able, in  the  opinion  of  the  Commission,  based  upon  expert  medical  or 
surgical  advice. 

24.  Claims  for  damages  against  third  parties  liable  on  account  of  per- 
sonal injuries  to  employees. — Whenever  an  employee  sustains  a  per- 
sonal injury  while  in  the  performance  of  his  duties  for  the  United 
States  so  as  to  create  a  liability  on  some  one  other  than  the  United 
States  to  pay  damages  on  account  of  such  injury,  the  injured  em- 
ployee shall,  if  required  by  the  Commission,  assign  to  the  United 
States,  on  a  form  which  will  be  provided  by  the  Commission  in  each 
case,  any  right  of  action  on  account  of  such  liability  that  he  may  have 
against  the  person  responsible.    If  the  Commission  determines  that 
the  injured  employee  shall  not  assign  his  right  of  action  to  the  Com- 
mission, he  may  be  required  by  the  Commission  to  prosecute  or  com- 
promise such  action  in  his  own  name.     Refusal  to  make  such  an 
assignment  or  to  prosecute  or  compromise  an  action  in  his  own  name, 
when  required  by  the  Commission  to  do  so,  will  deprive  him  of  all 
right  to  compensation. 

Even  though  the  employee  prefers  to  prosecute  or  compromise  his 
claim  in  his  own  name,  he  should  not  fail  to  report  his  injury  and  to 
consult  with  the  Compensation  Commission.  A  settlement  for  an 
amount  apparently  satisfactory  might  prove  wholly  inadequate  in 
case  of  unexpected  delayed  disability  or  of  a  recurrence  of  disability 
after  settlement.  Compensation  in  the  latter  case,  which  is  provided 
by  the  Compensation  Act,  should  not  be  forfeited  by  the  employee 
without  serious  consideration  and  without  a  full  understanding  of 
the  consequences  of  the  course  of  action  decided  upon. 

If  the  net  amount  received  in  settlement  (the  total  sum  less  attor- 
ney's fee  and  costs  of  suit)  is  less  than  the  amount  of  compensation 
and  other  benefits  payable  to  the  employee  under  the  Compensation 
Act,  he  will  be  entitled  to  receive  the  difference  from  the  funds  of 
the  Compensation  Commission,  and,  in  cuse  of  a  recurrence  of  dis- 
ability after  the  settlement,  he  will  be  er titled  to  the  full  benefits  pro- 
vided by  the  act.  In  case  the  net  amount  received  in  settlement  is  in 
excess  of  the  benefits  payable  to  the  employee  under  the  Compensa- 
tion Act,  he  shall  be  entitled  to  retain  all  of  such  amount,  unless  he 
has  already  received  benefits  from  the  funds  of  the  Compensation 
Commission,  in  which  case  such  benefits  shall  be  returned  to  the 
55930°— IS 3 


18        UNITED  STATES  EMPLOYEES'   COMPENSATION   COMMISSION. 

Commission;  in  case  of  a  recurrence  of  disability,  the  employer 
shall  not  be  entitled  to  receive  further  benefits  from  the  funds 
of  the  Compensation  Commission  until  the  total  amount  of  benefits 
payable  by  the  Commission  on  account  of  his  injury  exceeds  the  net 
amount  which  he  has  recovered  from  the  person  against  whom  suit 
was  brought  or  with  whom  settlement  was  made. 

Any  employee  receiving  any  money  or  other  property  in  settlement 
of  a  claim  for  damages  for  personal  injury,  as  above  described, 
either  as  a  result  of  a  suit  brought  by  him,  or  as  a  result  of  a  settle- 
ment out  of  court,  shall  report  to  the  Commission,  as  soon  as  such 
money  or  other  property  has  been  received,  the  amount  of  money  or 
the  value  of  the  property  so  received,  together  with  a  statement  show- 
ing the  costs  of  the  suit,  if  any,  and  the  amount  of  the  attorney's 
fee.  The  Commission,  after  determining  what  is  a  reasonable  attor- 
ney's fee  in  each  case,  will  then  inform  the  employee  of  the  amount, 
if  any,  he  is  to  refund  to  the  United  States  on  account  of  any  com- 
pensation which  may  already  have  been  paid  him  by  the  United 
States.  If  the  amount  so  recovered  exceeds  the  amount  already  paid 
the  employee  by  the  Commission,  the  difference  between  these  two 
amounts  constitutes  a  surplus  which  will  be  considered  by  the  Com- 
mission as  a  credit  against  which  future  payments  of  compensation 
payable  on  account  of  the  same  injury  will  be  charged. 

25.  Payments  by  mistake. — Employees  paid  compensation  by  the 
Commission  under  a  mistake  of  law  or  of  fact  shall,  as  soon  as  the 
mistake  is  discovered  or  their  attention  is  called  to  the  same,  refund 
to  the  Commission  any  amount  so  paid.  Failure  to  make  such  refund 
will  result  in  prosecution  by  the  Commission. 


DUTIES  OF  OFFICIAL  SUPERIORS. 

26.  Definition  of  official  superior. — The  term  "  offi-cial  superior "  in- 
cludes all  officers  and  employees  having  direction  or  control  of  civil 
employees  in  the  service  of  the  Federal  Government. 

27.  First-aid  treatment. — As  soon  as  knowledge  of  an  injury  to  an 
employee  under  his  jurisdiction  comes  to  the  attention  of  an  official 
superior,  he  should  direct  the  employee  to  apply  immediately  to  the 
dispensary  or  medical  officer,  if  there  be  one,  for  examination  and 
first-aid  treatment. 

Arrangements  should  be  made  with  the  United  States  hospital,  or 
with  a  hospital  designated  by  the  Compensation  Commission,  to 
respond  with  the  ambulance  to  all  emergency  calls  received  from 
proper  Government  officials,  and  to  admit  injured  employees  in  such 
cases  to  the  hospital  without  delay.  In  all  cases  form  C.  A.  16  or 
a  letter  of  request  should  accompany  the  injured  employee  to  the 
hospital  or  be  sent  within  48  hours  from  the  time  of  the  call.  A 
duplicate  of  this  form  or  request  should  immediately  be  forwarded 
to  the  Commission. 

In  all  places  where  there  is  a  considerable  number  of  employees 
on  duty,  the  officer  in  charge  of  the  work  should  make  such  provision 
for  first-aid  treatment  as  his  resources  will  permit. 

28.  Medical  and  hospital  service  to  which  injured  employee  is  en- 
titled.— When  civil  employees  of  the  United  States  are  injured  while 
in  the  performance  of  their  duties,  they  are,  by  the  terms  of  the  Fed- 
eral Compensation  Act  of  September  7,  1916,  entitled  to  "  reasonable 
medical,  surgical,  and  hospital  services  and  supplies  "  for  the  injury, 
whether  or  not  disability  has  arisen. 

Where  practicable,  such  services  and  supplies  must  be  furnished  by 
the  person  in  charge  of  the  first-aid  service  of  the  establishment, 
by  Government  physicians,  hospitals,  or  dispensaries,  or  by  physi- 
cians, hospitals,  or  dispensaries  designated  or  approved  by  the  Com- 
pensation Commission,  a  list  of  which  can  be  obtained  from  the  Com- 
mission, and  should  be  kept  on  hand  by  the  medical  officers  and  the 
heads  of  establishments. 

29.  Medical  and  hospital  service — Injured  employee  to  be  informed  of 
his  rights. — The  superior  officer  should  inform  injured  employees  of 
their  rights  to  medical  and  hospital  service,  as  explained  fully  in 
sections  2,  3,  4,  and  5  of  the  regulations  concerning  "  Duties  of  em- 
ployees," and  of  the  names  and  addresses  of  United  States  medical 

19 


20       UNITED  STATES  EMPLOYEES'   COMPENSATION   COMMISSION. 

officers  and  hospitals,  and  "  designated "  physicians  and  hospitals 
available  in  the  locality. 

30.  Medical  and  hospital  services — Bequests  authorizing  treatment  of 
injured  employees. — In  cases  of  injury  where  it  is  practicable  to  utilize 
the  services  of  any  Government  physician,  hospital,  or  dispensary,  or 
of  a  physician,  hospital,  or  dispensary  "  designated  "  by  the  Compen- 
sation Commission,  the  official  superior  should  give  the  injured  em- 
ployee a  request,  form  C.  A.  16,  or  a  letter  of  request  in  duplicate  to 
the  medical  officer,  hospital,  or  dispensary,  asking  that  necessary 
treatment  be  given.     This  request  should  recite  the  facts  that  the 
bearer — giving  the  name — is  an  employee  of  the  United  States,  em- 
ployed at— -giving  the  name  of  the  office  or  establishment — that  he 
was  injured  in  the  performance  of  duty  on — giving  the  date — and 
that  treatment  is  requested  under  the  Compensation  Act. 

31.  Requests  for  medical  or  hospital  service  when  official  superior  has 
doubt  as  to  employee's  right  to  treatment. — If,  for  any  reason,  the  offi- 
cial superior  is  in  doubt  as  to  whether  or  not  an  injured  employee  is 
entitled  to  medical  relief  under  the  Compensation  Act,  he  should 
immediately  communicate  the  circumstances,  outlining  his  doubt,  to 
the  Commission,  and  furnish  said  injured  employee  a  request,  form 
C.  A.  16,  or  letter,  which  should  state  the  reasons  for  his  doubts,  and 
request  the  medical  officer  or  "  designated  "  hospital  officials  to  fur- 
nish relief  until  a  decision  can  be  reached  as  to  whether  or  not  the 
case  is  a  proper  one  for  treatment  under  the  Compensation  Act.    The 
employee  should  be  kept  in  hospital  under  observation  and  treatment 
until  the  official  superior  of  the  employee  or  medical  officer  or  "  desig- 
nated "  hospital  official  is  convinced  that  the  employee  is  not  entitled 
to  the  benefits  of  the  Compensation  Act.    In  such  cases  the  Compen- 
sation Commission  will  be  responsible  for  the  payment  for  treatment 
up  to  and  including  the  date  on  which  it  is  decided  the  employee  is 
not  entitled  to  medical  relief  under  the  Compensation  Act. 

32.  Kecord  of  injury. — Whenever  an  injury  to  an  employee  comes  to 
the  knowledge  of  the  person  in  charge  of  such  employee,  he  should 
immediately  secure  a  record  of  the  cause,  nature,  and  extent  of  the 
injury,  however  slight.    He  should  see  that  each  employee  under  his 
direction  who  is  injured  submits  within  48  hours  a  notice  of  injury 
on  form  C.  A.  1.    The  names  and  testimony  of  witnesses  should  also 
be  secured,  and  such  testimony  should  cover  fully  all  the  circum- 
stances which  have  a  bearing  upon  the  injury. 

33.  Eeports  of  injuries. — Every  injury  resulting  in  any  medical  charge 
against  the  Compensation  Commission 1  or  in  any  loss  of  time  beyond 
the  day,  shift,  or  turn  in  which  it  occurs,  should  be  reported  by  the 
official  superior  on  form  C.  A.  2,  "  Eeport  of  Injury,"  and  should  be 
submitted  to  the  United  States  Employees'  Compensation  Commis- 

1  In  forwarding  any  medical  or  hospital  bill,  care  should  be  taken  that  it  is  accom- 
panied by  forms  C.  A.  1  and  2.  if  not  previously  submitted. 


DUTIES   OF    OFFICIAL   SUPERIORS.  21 

sion,  Washington,  I}.  C.,  as  soon  as  practicable  after  the  injury. 
Form  C.  A.  1,  "  Notice  of  Injury,"  should  be  forwarded  to  the  Com- 
mission with  the  "  Report  of  Injury."  If  the  disability  seems  likely 
to  last  not  more  than  3  days,  both  C.  A.  1  and  C.  A.  2  may  be  held 
until  the  employee  has  returned  to  work,  and  then  forwarded  to  the 
Commission  at  the  same  time. 

Each  question  on  the  report  of  injury  should  be  answered  by  the 
official  superior  as  clearly  and  in  as  complete  detail  as  possible.  In 
answering  question  19  in  the  "  Report  of  Injury,"  the  rate  of  pay  for 
a  regular  or  legal  day  should  be  given.  If  the  employee  is  entitled  to 
increased  pay,  on  account  of  night  work  or  for  any  other  reason,  the 
amount  or  per  cent  of  the  same  should  likewise  be  given  separately. 
For  instance,  if  8  hours  constitute  a  regular  legal  day's  work,  the  rate 
for  8  hours  should  be  given.  Particular  care  should  be  exercised  to 
furnish  a  detailed  statement  in  connection  with  question  43  on  form 
C.  A.  2,  if  the  injury  was  caused  under  circumstances  creating  a  lia- 
bility upon  some  person  other  than  the  United  States  to  pay  damages 
on  account  of  such  injury. 

Whenever  an  employee  fails  to  report  his  injury  within  48  hours, 
he  should  be  required  to  furnish  a  written  explanation  of  his  failure 
to  do  so,  which  should  be  forwarded  to  the  Commission  with  his 
claim. 

Xo  letter  of  transmitted  is  necessary  to  accompany  any  report  or 
claim  submitted  to  the  Commission,  unless  it  is  necessary  to  convey 
information  not  furnished  in  the  formal  report  or  claim  itself. 

Xo  forms  should  be  used  by  official  superiors  in  reporting  injuries 
or  deaths,  or  by  claimants  in  making  claims  for  compensation, 
except  those  issued  by  the  Commission.  Forms  used  in  the  admin- 
istration of  previous  compensation  laws  by  the  Department  of  Com- 
merce and  Labor,  Department  of  Labor,  or  Post  Office  Department, 
should  not,  under  any  circumstances,  be  used. 

Attention  is  called  to  the  four  rules  of  the  Commission,  printed  on 
pages  45  and  46  of  these  regulations.  When  an  injury  occurs  to  which 
any  one  of  these  rules  is  applicable,  care  should  be  taken  that  all  the 
information  is  given  on  form  C.  A.  2  necessary  to  enable  the  Com- 
mission to  determine  whether,  under  the  circumstances  in  the  par- 
ticular case,  compensation  is  payable  under  the  rule  in  question. 

34.  Partial  disability — Injured  employee  should  be  given  or  secured 
work  when  able,  if  practicable. — When,  total  disability  to  perform 
work  ceases  and  the  employee  is  able  to  perform  a  part  of  his  usual 
duties  or  to  perform  work  of  a  different  nature,  he  should  be  assigned 
such  work,  if  practicable.  If  such  work  is  not  available,  the  injured 
employee  should  be  instructed  to  seek  suitable  work  until  such  time 
as  he  may  be  able  to  resume  his  former  duties.  He  should  be  in- 


22        UNITED  STATES  EMPLOYEES'   COMPENSATION   COMMISSION. 

formed  of  Jiis  rights  and  duties  in  case  of  ^partial  disability,  as 
explained  in  full  in  sections  17,  18,  and  19  of  the  regulations  con- 
cerning "  Duties  of  Employees." 

35.  Injured  employee's  ability  to  resume  work — Examination  in  case 
of  disagreements. — If  there  is  disagreement  between  the  injured  em- 
ployee and  his  official  superior  or  the  official  medical  officer,  or  if 
there  is  doubt  as  to  the  employee's  ability  to  resume  the  work  of  his 
occupation  or  some  other  work  of  which  he  is  capable,  a  medical 
examination  should  at  once  be  ordered  by  the  official  superior,  as 
provided  in  section  35  of  the  medical  regulations. 

36.  Report  of  termination  of  disability. — Whenever  an  injured  em- 
ployee is  able  to  return  to  work  after  his  period  of  total  or  partial 
disability  has  ended,  his  official  superior  snould  immediately  report 
the  termination  of  such  disability  to  the  Commission  on  form  C.  A.  3. 

In  cases  where  an  employee  resumes  work  on  Monday  and  is  paid 
for  the  preceding  Sunday,  a  statement  to  that  effect  should  be  made 
under  "  Remarks."  If  payment  during  disability  has  been  made  for 
any  other  reason,  the  dates  on  which  such  payments  were  made  and 
the  reasons  for  making  them  should  likewise  be  shown. 

37.  Permanent  partial  disability — The  injured  employee  to  be  informed 
of  his  rights. — When  any  employee  has  sustained  a  permanent  partial 
disability,  but  has  resumed  work  at  the  same  rate  of  pay  as  before 
injury,  the  superior  officer  should  inform  him  that,  under  the  pro- 
visions of  the  Compensation  Act,  the  right  to  claim  compensation 
still  belongs  to  him  whenever  the  disability  shall  result  in  any  loss 
of  earnings.     If  the  existing  employment  should  be  terminated  and 
the  injured  employee  should  be  employed  at  a  lower  rate  of  pay 
elsewhere,  he  would  be  entitled  to  claim  compensation  amounting  to 
two-thirds  of  the  difference  in  wages. 

38.  Eeport  of  death. — If  an  injury  results  in  death  before  the  report 
of  injury  on  form  C.  A.  2  has  been  submitted  to  the  Commission, 
the  report  of  death  on  form  C.  A.  3  should  accompany  the  report 
of  injury  on  form  C.  A.  2.     If  death  results  after  the  "Report  of 
Injury  "  has  been  forwarded  to  the  Commission,  a  report  of  death 
on  form  C.  A.  3  should  at  once  be  made  and  forwarded  to  the  Com- 
mission.    If  the  death  does  not  immediately  follow  the  injury,  the 
report  of  termination  of  disability  on  the  upper  half  of  form  C.  A.  3 
should  be  filled  out,  so  far  as  applicable  to  the  case,  in  addition  to  the 
lower  half  of  the  form  which  constitutes  the  report  of  death,  with 
special  reference  as  to  the  date  on  which  the  employee's  pay  stopped 
and  the  period  for  which  his  disability  compensation  may  be  payable. 

39.  Claim  blanks  to  be  furnished. — Whenever  a  disability  has  lasted 
for  more  than  3  days,  and  the  injured  employee  will  not  use  annual 
or  sick  leave  to  cover  any  portion  of  the  disability  for  which  he  may 


DUTIES   OF    OFFICIAL   SUPEBIORS.  23 

be  entitled  to  claim  compensation,  the  official  superior  should  furnish 
such  employee  with  a  blank  form  on  which  to  make  a  claim  for 
compensation,  and  call  his  attention  to  the  provisions  of  the  Com- 
pensation Act,  suggesting  to  him,  however,  that  the  claim  should 
not  be  made  until  18  days  after  his  pay  has  stopped,  or.  if  the  dis- 
ability is  of  shorter  duration,  until  the  disability  has  terminated. 

If  an  injured  employee  should  become  insane  or  otherwise  men- 
tally incapacitated,  either  temporarily  or  permanently,  before  he  has 
submitted  a  claim  for  compensation,  the  official  superior  should  ad- 
vise the  employee's  nearest  available  relative  or  friend  to  have  some 
one  appointed  as  the  guardian  or  other  legal  representative  of  such 
employee,  in  order  that  a  claim  for  compensation  and,  in  case  of 
continuing  disability,  request  for  continuance  of  compensation  pay- 
ments may  be  made  by  the  legal  representative  acting  in  behalf  of 
the  employee. 

If  the  mental  incapacity  is  of  such  a  degree  of  severity  as  to  re- 
quire hospital  treatment,  the  official  superior  should  promptly  com- 
municate with  the  Commission,  so  that  arrangements  may  be  made  to 
have  the  employee  admitted  for  treatment  to  a  designated  hospital 
for  the  insane. 

40.  Waiver  of  claim, — Xo  official  superior  is  authorized  to  require 
an  injured  employee  to  enter  into  any  agreement  either  before  or  after 
an  injury  to  waive  his  right  to  claim  compensation,  and  any  such 
waiver,  if  secured,  will  not  affect  the  employee's  right  later  to  claim 
compensation  from  the  Commission.    Employees  should  not  be  encour- 
aged, either  directly  or  indirectly,  to  waive  such  right,  but  rather 
should  be  afforded  every  proper  facility  in  submitting  their  claims 
for  any  injury  sustained  while  in  the  performance  of  duty  resulting 
in  a  loss  of  time  for  which  they  are  entitled  to  claim  compensation, 
in  order  that  such  claims  may  be  passed  upon 'by  the  Commission  ac- 
cording to  their  merits. 

41.  Certificates  of  official  superiors. — Before  forwarding  reports  of 
injuries,  reports  of  death,  reports  of  termination  of  disability,  claims 
for  compensation,  requests  for  continuance  of  compensation  pay- 
ments, or  any  other  forms  requiring  the  certificate  of  an  official 
superior,  care- should  be  exercised  to  make  certain  that  all  of  the 
questions  asked  in  the  certificates  are  fully  answered,  and  that  the 
certificates  are  signed. 

42.  Claims — Officials  should  see  that  claim  forms  are  completely  and 
correctly  filled  out. — Official  superiors  should  make  certain  that  state- 
ments of  witnesses,  if  any,  are  furnished  on  the  second  page  of  the 
claim  for  compensation  on  account  of  injury,  or  if  there  is  not  suffi- 
cient space  for  the  purpose  on  that  page,  such  statements  should 
be  made  on  separate  sheets  and  attached  to  the  claim. 


24        UNITED  STATES  EMPLOYEES'   COMPENSATION   COMMISSION. 

Before  forwarding  a  claim  for  compensation,  the  official  superior, 
before  signing  his  certificate,  should  examine  the  claim  to  see  that 
all  of  the  information  called  for  that  can  possibly  be  furnished  has 
been  inserted  and  that  it  is  in  agreement  with  the  forms  previously 
submitted,  or  that  any  discrepancies,  such  as,  for  example,  in  the 
date  of  injury,  rate  of  pay,  etc.,  are  explained  before  the  claim  is 
forwarded  to  the  Commission.  When  this  is  overlooked,  much  un- 
necessary correspondence  and  delay  in  the  payment  of  claims  is  the 
inevitable  result. 

43.  Claims  to  be  forwarded  promptly. — All  claims  for  compensation, 
when  filled  out  and  presented  by  injured  employees  to  their  official 
superiors,  should  be  forwarded  promptly  to  the  Commission.     Em- 
ployees should  be  encouraged  to  submit  their  claims  through  their 
official  superiors  in  accordance  with  section  7  of  the  regulations  con- 
cerning the  "  Duties  of  Employees." 

44.  Claims  on  account  of  death. — If  the  death  of  an  employee  results 
from  an  injury  within  6  years,  the  law  provides  for  the  payment  of 
compensation  to  the  beneficiaries  enumerated  in  section  10  of  the  law. 

The  claim  should  be  signed  by  the  person  making  the  claim  or  his 
duly  authorized  representative.  There  should  be  given  on  the  first 
page  of  the  claim  the  names  and  addresses  of  all  persons  who  may  be 
entitled  to  compensation  on  account  of  death,  together  with  the  ad- 
dress of  the  person  making  the  statement,  which  should  be  sworn  to 
by  such  person. 

Oaths  of  claimants  residing  in  foreign  countries  should  be  made  be- 
fore a  United  States  consular  officer  or  secretary  of  legation;  or,  if 
before  a  local  official,  a  certificate  of  such  United  States  consular 
officer  or  secretary  of  legation,  showing  the  authority  of  the  local 
official  to  administer  oaths,  should  be  annexed. 

A  certified  copy  of  the  death  certificate  should  accompany  the  claim 
for  compensation,  but  if,  for  any  reason,  it  can  not  be  secured,  a  full 
explanation  should  be  given  at  the  bottom  of  the  first  page  of  the 
claim  form  C.  A.  5. 

If  the  relationship  to  the  decedent  of  any  person  entitled  to  claim 
compensation  is  that  of  adoption,  a  certified  copy  of  the  order  of 
adoption  should  accompany  the  claim. 

Certified  copies  of  the  marriage  certificate,  either  civil  or  church, 
in  the  case  of  a  widow  or  widower,  and  of  the  civil  birth  records  of 
children  by  or  on  behalf  of  whom  compensation  is  claimed  should 
accompany  each  claim. 

The  furnishing  of  these  various  records  at  the  time  the  claim  is 
forwarded  to  the  Commission  will  eliminate  unnecessary  correspond- 
ence and  delay,  and  will  expedite  the  prompt  disposition  of  the 
claim  by  the  Commission. 


DUTIES   OF   OFFICIAL  SUPERIORS.  25 

Copies  of  civil  records  of  birth  should  be  furnished  wherever  pos- 
sible. If,  however,  there  are  no  civil  records,  properly  authenticated 
copies  of  church  records  of  birth  should  be  submitted  with  the  state- 
ment that  it  is  impossible  to  obtain  copies  of  any  civil  records. 

Each  claim  for  compensation  on  account  of  death  should  be  sub- 
mitted to  the  Commission  through  official  channels  within  60  days 
after  death  occurs.  If  not  so  submitted,  an  explanation  of  the  delay 
must  accompany  the  claim. 

A  claim  on  account  of  death  must,  in  accordance  with  the  abso- 
lute requirement  of  the  law,  be  filed  within  one  year  after  death,  in 
order  to  permit  the  payment  of  compensation  by  the  Commission. 

45.  Burial    expenses. — Personal    representatives    of    deceased    em- 
ployees will  be  reimbursed  for  the  burial  expenses  of  such  employees 
in  an  amount  not  to  exceed  $100,  in  the  discretion  of  the  Commission. 
If  an  executor  of  the  estate  of  a  deceased  emploj^ee  has  been  desig- 
nated, or  if  an  administrator  of  the  estate  has  been  appointed,  the 
name,  address,  and  designation,  and  a  certified  copy  of  the  creden- 
tials of  such  person  should  be  furnished  the  Commission  by  the 
beneficiary  claiming  compensation.    If  there  is  neither  an  executor 
nor  an  administrator  of  the  decedent's  estate,  that  fact  should  be 
stated  by  the  beneficiary  claiming  compensation,  in  order  that  the 
Commission  may  take  the  necessary  steps  to  ascertain  who  is  the  per- 
sonal representative. 

In  the  event  that  there  is  no  executor,  administrator,  or  other  per- 
son who  might  be  entitled  to  be  named  as  the  personal  representa- 
tive of  the  decedent,  payment  of  the  burial  expenses  may  be  made  by 
the  Commission  to  the  undertaker,  provided  the  latter  makes  affi- 
davit to  the  effect  that  the  services  stated  in  the  bill  rendered  have 
been  performed,  that  the  prices  charged  therefor  are  reasonable,  and 
that  he  has  not  received  and  will  not  receive  payment  of  any  part 
of  the  burial  expenses  from  any  source  other  than  the  Compensation 
Commission. 

Itemized  bills  covering  burial  expenses  should  be  submitted  to  the 
Commission  with  each  claim  for  compensation  on  account  of  death, 
or  if  that  is  not  possible,  then  as  soon  after  the  claim  has  been  sub- 
mitted as  practicable. 

46.  Notice  of  action  on  claims. — Each  injured  employee  will  be  noti- 
fied by  the  Commission  of  the  action  taken  upon  his  claim  for  com- 
pensation, and  if  an  award  is  made,  such  notice  will  accompany  the 
check  covering  the  first  payment  made  to  him.    A  copy  of  this  notice 
will  also  be  forwarded  to  his  official  superior. 

Whenever  a  claim  for  compensation  is  disapproved,  the  Commis- 
sion will  notify  the  claimant  of  the  fact,  together  with  a  brief  state- 
ment of  the  reasons  therefor,  and  a  copy  of  this  notice  also  will  be 
forwarded  to  the  official  superior. 
55930°— 18 4 


26        UNITED  STATES  EMPLOYEES'   COMPENSATION   COMMISSION. 

47.  Notice  to  employees  of  their  rights  and  duties. — The  Commission 
has  distributed  throughout  the  Federal  service  copies  of  placards  for 
posting  on  bulletin  boards  and  other  convenient  places,  outlining 
briefly  the  rights  and  duties  of  employees  under  the  Compensation 
Act.    These  placards  should  be  kept  posted  in  conspicuous  places  for 
the  information  and  guidance  of  employees.     Additional  placards 
may  be  secured  from  the  Commission  upon  request. 

48.  Insane  injured  employees  to  be  transferred  to  hospital  for  insane. — 
When  practicable,  insane  injured  employees  entitled  to  the  benefits 
of  the  Compensation  Act  will  be  transferred  either  to  a  designated 
hospital  for  the  insane  or  to  the  Government  Hospital  for  the  Insane 
at  Washington,  D.  C.     Bequests  for  such  transfer  should  in  each 
case  be  made  to  the  Commission. 

49.  Preparation  of  reports  and  claims. — It  is  suggested  that,  in  order 
to  secure  uniformity  in  the  method  of  preparing  forms,  such  work 
be  delegated  to  one  person  in  each  establishment  wherever  practi- 
cable.   This  method  will  insure  uniform  handling  of  the  forms  used 
in  connection  with  the  reporting  of  injuries  and  in  making  claims 
for  compensation,  and  will  enable  the  person  so  delegated  to  thor- 
oughly familiarize  himself  with  the  rules  and  regulations  governing 
the  operation  of  the  Compensation  Act,  and  result  in  the  avoidance 
of  errors  due  to  a  misunderstanding  of  the  details  of  some  of  the 
forms. 

50.  Mailing   of   reports   and   claims. — Each   establishment   sending 
reports  of  injuries,  claims,  or  other  forms  to  the  Commission  should, 
wherever  practicable,  mail  them,  without  folding,  in  large  envelopes, 
and  they  should  be  sent  immediately  after  the  information  called  for 
has  been  inserted  in  the  proper  places. 

51.  Bequests  for  forms. — Supplies  of  forms  to  be  used  in  reporting 
injuries  and  deaths,  and  in  making  claims  for  compensation  therefor, 
may  be  obtained  direct  from  the  Commission  upon  request.     Post 
offices  other  than  those  of  the  first  class  may  obtain  these  supplies 
direct  from  the  nearest  first-class  post  office,  as  stated  in  the  notice 
appearing  in  the  November  5,  1917,  issue  of  the  Daily  Bulletin  of 
Orders  Affecting  the  Postal  Service. 


INSTRUCTIONS  GOVERNING  MEDICAL,  SURGICAL,  AND 
HOSPITAL  SERVICES. 

52.  Medical  and  hospital  service  to  which,  injured  employee  is   en- 
titled.— When  civil  employees  of  the  United  States  are  injured  while 
in  the  performance  of  their  duties,  they  are  (by  the  terms  of  sec.  9  of 
the  Federal  Compensation  Act  of  Sept.  7,  191G)  entitled  to  "reason- 
able medical,  surgical,  and  hospital  services  and  supplies"  for  the 
injury,  whether  or  not  disability  has  arisen. 

53.  Medical  and  hospital  service  available. — A  list  of  all  available 
United  States  dispensaries  and  hospitals  will  be  furnished  by  the 
Commission  to  medical  officers  and  the  heads  of  establishments  upon 
request. 

A  list  of  available  United-  States  medical  officers,  dispensaries,  and 
hospitals,  and  private  physicians,  dispensaries,  and  hospitals  desig- 
nated and  approved  by  the  Commission  will  be  published  and  dis- 
tributed from  time  to  time. 

Civilians  employed  by  the  United  States  in  the  vicinity  of  a  per- 
manent or  fixed  Army  hospital,  who  sustain  personal  injuries  while 
in  the  performance  of  duty,  will  be  admitted  thereto,  when  beds  are 
available,  upon  the  written  request  of  the  officers  under  whom  they 
are  employed.  Such  request  will  be  addressed  to-  the  officer  in  charge 
of  the  hospital  and  will  recite  the  facts  of  employment  and  of  per- 
sonal injury  while  in  the  performance  of  duty.  Injured  civilian  em- 
ployees thus  admitted  to  hospital  will  be  furnished  medical  and 
surgical  care  therein  for  a  reasonable  time:  Provided,  That  this  au- 
thority is.  not  applicable  to  cases  to  which  other  United  States  hos- 
pitals are  more  convenient  of  access. 

54.  First-add  treatment  by  United  States  medical  officers. — The  medical 
officers  stationed  at  navy  yards,  arsenals,  industrial  establishments, 
and  other  places  of  employment  in  the  Federal  service  should  cooper- 
ate in  every  way  practicable  with  heads  of  departments  to  educate 
the  employees  as  to  the  need  for  proper  first  aid  and  encourage  them 
to  report  at  the  dispensary  or  first-aid  station  for  examination  and 
treatment  of  all  injuries,  even  though  they  may  appear  to  be  trivial 
or  slight.     It  is  essential  that  adequate  first  aid  should  be  provided 
to  injured  employees  immediately  after  the  injury  has  occurred. 

•       •  27 


28       UNITED  STATES  EMPLOYEES '   COMPENSATION   COMMISSION. 

55.  First-aid  treatment  in  emergency. — In  all  cases  of  injury  where 
the  emergency  is  such  as  to  require  it,  any  physician  licensed  to 
practice  medicine  and  surgery  under  State  laws  may  be  called  for 
first-aid  treatment,  but  further  treatment,  if  required,  must  be  ob- 
tained from  the  United  States  medical  officer  or  hospital  or  from  the 
"  designated  "  physician  or  hospital,  if  available. 

56.  Bills  for  emergency  first-aid  treatment  by  private  physicians. — In 
rendering  a  bill  for  first-aid  treatment  obtained  under  emergency, 
the  injured  person  or  his  representative  should  obtain  an  itemized 
statement  from  the  physician  rendering  such  aid.     The  bill  should 
show  the  nature  of  the  service  rendered. 

57.  Ambulance  service. — In  cases  where  the  injury  is  so  serious  as  to 
require  such  action,  an  ambulance  (one  owned  by  the  United  States 
hospital  or  the  "  designated  "  hospital,  if  available)  should  be  called 
and  the  employee  sent  to  the  United  States  hospital  or  the  "  desig- 
nated "  hospital  at  once.     When  the  United  States  hospital  ambu- 
lance or  the  "  designated  "  hospital  ambulance  is  not  available,  the 
Commission  will   allow   a  reasonable  charge  for  other  ambulance 
service,  but  in  all  such  cases  the  employee  should  be  sent  to  the 
United  States  hospital  or  "  designated  "  hospital,  as  the  case  may  be. 

58.  First-aid  dispensary  treatment  should  be  by  medical  officer  or  trained 
assistant. — Medical  officers  in  charge  of  first-aid  stations  or  dispen- 
saries should  treat  all  cases  in  person  or  see  that  they  are  properly 
treated  by   trained  assistants    (junior  medical   officers,   nurses,   or 
trained  attendants).     Prompt  and  courteous  treatment  of  all  em- 
ployees will  encourage  them  to  cooperate  in  promoting  the  dispensary 
service. 

59.  Records  of  injuries. — Adequate  written  records  should  be  kept 
of  all  persons  applying  for  treatment  who  claim  an  injury,  even 
though  the  medical  officer  feels  confident  that  the  employee  is  not 
entitled  to  benefits  under  the  Compensation  Act.     If  the  case  is  in 
doubt  and  it  is  not  impracticable,  the  injured  employee  should  be 
required  to  return  the  next  working-day  for  a  second  examination. 

60.  Medical  treatment  without  written  request. — Medical  officers  sta- 
tioned in  places  of  employment  should  not  require  that  employees 
present  written  requests  for  treatment,  and  such  treatment  should  be 
furnished  to  injured  employees  who  are  able  to  come  to  the  dispen- 
sary throughout  the  period  of  disability  so  far  as  practicable. 

61.  Requests   for   medical  treatment. — An   employee   applying   for 
treatment  to  a  United  States  medical  officer,  dispensary,  or  hospital 
outside  of  the  establishment  in  which  the  employee  works,  or  to  a 
"  designated "  physician,  dispensary,  or  hospital,  should  present  a 
request  for  treatment  on  form  C.  A.  16,  or  a  letter  from  his  official 
superior.    This  request  should  recite  the  facts  that  the  bearer — giving 


MEDICAL,   SURGICAL,  AND  HOSPITAL  SERVICES.  29 

the  name — is  an  employee  of  the  United  States,  employed  at — giving 
Ihe  name  of  the  office  or  establishment — that  he  was  injured  in  the 
performance  of  duty  on — giving)  the  date — and  that  treatment  is  re- 
quested for  the  results  of  said  injury  under  section  9  of  the  Compen- 
sation Act.  In  case  it  has  been  impracticable  for  the  employee  to 
obtain  a  request  for  treatment,  the  medical  officer,  hospital,  or  "  desig- 
nated "  physician  may  furnish  temporary  treatment  upon  the  state- 
ment of  the  injured  employee  giving  the  facts,  together  with  the  name 
of  the  Government  establishment  in  which  he  is  employed.  In  such 
instances  a  proper  request  for  treatment  should,  however,  be  obtained 
within  48  hours  thereafter  from  the  employee's  official  superior. 

62.  Car  fare  to  secure  medical  and  hospital  service. — In  order  that 
injured  employees  may  be  furnished  as  complete  medical  and  surgi- 
cal service  as  possible,  the  Commission  will  pay  the  necessary  car  fare 
of  those  who  are  able  to  return  to  the  dispensary  for  treatment.     The 
medical  officers  at  dispensaries  are  requested  to  inform  injured  em- 
ployees in  all  cases  suitable  for  dispensary  treatment  what  treatment 
they  are  prepared  to  furnish  at  the  dispensary.     Where  it  is  practi- 
cable, it  is  requested  that  car  tickets  be  furnished  as  required  to  in- 
jured employees  for  the  purpose  of  securing  such  treatment,  and 
monthly   accounts  rendered  to  the  Commission  by  the  officers  in 
charge  of  dispensaries  for  reimbursement  for  the  car  tickets  fur- 
nished. 

63.  Medical  treatment  will  be   given   at   dispensaries   and   hospitals 
wherever  practicable. — In  places  where  there  are  United  States  dis- 
pensaries and  hospitals  available  for  treatment  of  injured  civil  em- 
ployees and   where   arrangements  have  been  made  with  hospitals 
"  designated "  by  the  Commission  to  furnish  out-patient  and  hos- 
pital services,  all  injured  employees  will  be  treated  either  as  out- 
patients or  hospital  patients,  and  no  injured  employee  will  be  fur- 
nished treatment  in  his  home,  unless  such  arrangement  is  approved 
by  the  Commission.     The  Commission  has  ruled  that  where  adequate 
dispensary  and  hospital  service  is  provided,  such  provision  consti- 
tutes "reasonable  medical,  surgical,  and  hospital  services,"  in  ac- 
cordance with  the  terms  of  the  Compensation  Act,  and  payment  for 
treatment  in  the  homes  will  not  be  allowed,  except  as  above  provided. 

64.  Dispensary  service, — Injured  employees  entitled  to  the  benefits 
of  the  Compensation  Act,  whose  injuries  are  of  such  a  nature  that 
they  can  be  properly  treated  in  a  dispensary,  will  be  furnished 
proper  treatment  upon  application  at  the  United  States  dispensary 
or  "  designated  "  dispensary. 

65.  Hospital  service  in  emergency. — Arrangements  should  be  made 
by  the  official  superior  with  the  United  States  hospital  or '"desig- 
nated "  hospital,  or  if  there  is  neither,  then  with  the  private  hospital, 


30       UNITED   STATES  EMPLOYEES'   COMPENSATION  COMMISSION. 

to  respond  to  calls  with  the  ambulance  in  cases  of  emergency,  and  to 
admit  injured  emplo}^ees  to  hospital  without  delay,  provided  the  call 
is  received  from  proper  Government  officials.  In  all  cases  a  request 
on  form  C.  A.  16  or  a  letter  of  request  (see  sec.  61)  should  accompany 
the  injured  employee  to  hospital  or  be  obtained  from  the  official 
superior  within  48  hours  from  the  time  of  admission. 

The  medical  officer  should  be  at  once  notified  of  any  case  trans- 
ferred to  hospital,  so  that  he  may  furnish  such  treatment  as  may  be 
required  of  him  under  the  circumstances. 

66.  Hospital  service — Approval  of  medical  officer. — In  places  where 
there  is  a  United  States  medical  officer  or  "  designated  "  physician 
and  whenever  emergency  does  not  require  immediate  action,  the  ap- 
proval of  the  medical  officer  or  "  designated  "  physician  should  be 
obtained  before  the  patient  is  transferred  to  hospital. 

67.  Examinations  and  records  preceding  hospital  treatment. — In  all 
cases  where  an  employee  reports  in  person  or  by  proxy  at  the  dis- 
pensary or  hospital,  requesting  treatment  on  account  of  disability 
alleged  to  be  due  to  injury,  and  it  is  found  that  his  disability  re- 
quires hospital  treatment,  a  record  should  be  made  and  kept  showing 
the  date,  name,  color,  age,  sex,  and  occupation  of  the  employee,  the 
place  of  employment,  the  nature  of  disability,  the  date  of  the  injury, 
and,  where  a  request  for  treatment  is  presented,  the  name  of  the 
person  signing  the  request. 

68.  Requests  for  medical  or  hospital  service  when  official  superior  has 
doubt  as  to  employee's  right  to  treatment. — If,  for  any  reason,  the  offi- 
cial superior  is  in  doubt  as  to  whether  or  not  an  injured  employee- 
is  entitled  to  medical  relief  under  the  Compensation  Act,  he  should 
immediately   communicate  the  circumstances,  outlining  his   doubt, 
to  the  Commission,  and  furnish  said  injured  employee  a  request, 
form  C.  A.  16,  or  letter,  which  should  state  the  reason's  for  his  doubts 
and  request  the  medical  officer  or  "  designated  "  hospital  officials  to 
furnish  relief  until  a  decision  can  be  reached  as  to  whether  or  not 
the  case  is  a  proper  one  for  treatment  under  the  Compensation  Act. 
The  employee  should  be  kept  in  hospital  under  observation  and 
treatment  until  the  official  superior  of  the  employee  or  medical  offi- 
cer or  "  designated  "  hospital  official  is  convinced  that  the  employee 
is  not  entiled  to  the  benefits  of  the  Compensation  Act.      In  these 
cases,  the  Compensation  Commission  will  be  responsible  for  the  pay- 
ment for  treatment  up  to  and  including  the  date  on  which  it  is  de- 
cided the  employee  is  not  entitled  to  medical  relief  under  the  Com- 
pensation Act,  but  in  such  cases  no  surgical  operation  should  be  per- 
formed, except  in  case  of  emergency,  in  advance  of  a  decision  by  the 
Commission. 

69.  Hospital  treatment  pending  determination  of  injured  employee's 
right  to  treatment. — If  there  is  reason  to  doubt  that  an  employee  is 


MEDICAL,   SURGICAL,  AXD  HOSPITAL  SERVICES.  31 

entitled  to  the  benefits  of  the  Compensation  Act,  he  should  be  ad- 
mitted to  hospital  and  given  proper  treatment  until  the  physician  in 
charge  of  the  case  definitely  determines  that  he  is  not  entitled  to 
treatment,  or  that  his  disability  could  not  have  been  due  to  such  an 
injury  as  alleged.  When  such  conclusion  is  reached  a  careful  record 
should  be  made  of  the  reasons  therefor,  and  an  abstract  of  the 
record  should  at  once  be  forwarded  to  the  Compensation  Commis- 
sion, showing  the  name,  age,  sex,  color,  occupation,  place  of  employ- 
ment, nature  of  disability,  date  of  alleged  injury,  dates  of  examina- 
tions, and  reasons  for  opinion  that  the  disability  was  not  due  to  the 
alleged  injury.  The  employee  should  then  be  discharged  from  hos- 
pital, unless  satisfactory  arrangements  can  be  made  to  retain  him  in 
the  hospital  without  further  charge  against  the  Commission. 

70.  Explanation  of  refusal  of  treatment  to  be  made  to  employee. — In 
all  cases  which  are  refused  treatment  or  discharged  from  further 
treatment  under  the  provisions  of  the  Compensation  Act,  the  medical 
officer  should  make  a  full  and  friendly  explanation  to  the  employee 
of  his  reasons  for  the  action  taken. 

71.  Medical  or  hospital  treatment  when  medical  officer  has  doubt  of 
employee's  right  to  treatment. — Whenever  an  employee  applies  for 
treatment  with  an  order  form  C.  A.  16,  or  a  letter  of  request  therefor 
from  his  official  superior,  the  employee  should  be  furnished  such 
treatment  as  may  be  required;  but  if  there  is  reason  to  believe  that 
he  is  not  entitled  to  treatment  or  that  his  disability  was  not  due  to 
the  alleged  injury,  the  medical  officer  or  Ci  designated  "  hospital  offi- 
cial should  take  up  the  matter  with  the  official  superior.     If  agree- 
ment is  reached  by  both  that  the  employee  is  not  entitled  to  relief, 
he  should  be  discharged  from  hospital,  unless  satisfactory  arrange- 
ments can  be  made  to  retain  him  in  hospital  without  further  charge 
against    the    Commission.     Written    records    should    be    kept    and 
reports  made  of  all  such  cases.     If  agreement  is  not  reached,  the 
record  should  be  made,  and  a  complete  report  of  all  the  findings 
should  be  immediately  forwarded  to  the  Commission  for  decision. 

72.  Orders  for  medical  treatment  in  "  designated  "  hospitals. — Hos- 
pitals which  have  been  "  designated  "  by  the  Commission  to  furnish 
medical,  surgical,  and  hospital  services  and  supplies  to  injured  civil 
employees  should  obtain  an  order  on  form  C.  A.  16,  or  a  letter  signed 
by  the  proper  United  States  official  (head  of  office  or  work  in  which 
applicant  is  employed),  as  authority  for  admission  of  each  patient. 
This  authority  should  be  presented  by  the  employee  at  the  time  of 
admission  or  obtained  within  48  hours  thereafter. 

73.  Bills  of  "  designated  "  hospitals. — "  Designated  "  hospitals  should 
render  their  bills  on  proper  voucher  forms  at  the  time  of  discharge 
of  each  patient,  or  at  the  end  of  each  month,  as  they  may  prefer. 


32        UNITED  STATES  EMPLOYEES'   COMPENSATION   COMMISSION. 

A  separate  voucher  (form  D-20)  should  be  made  out  for  each  em- 
ployee treated.  When  the  voucher  is  properly  and  completely  filled 
out  and  signed  by  the  hospital  authorities,  it  should  have  attached 
to  it  the  original  request  for  treatment  of  the  employee  covered  by 
the  voucher  (see  sec.  74),  unless  said  request  has  been  furnished 
with  a  previous  voucher.  The  voucher  should  then  be  forwarded 
to  the  Commission  for  settlement.  A  supply  of  these  vouchers 
(form  D-20)  will  be  furnished  by  the  Commission. 

74.  Orders  for  medical  treatment  in  hospitals  to  be  submitted  to  Com- 
pensation Commission  with  bills. — For  cases  of  injury  treated  in  hos- 
pital, the  original  order,  form  C.  A.  16,  or  the  original  letter  of  re- 
quest, should  be  attached  to  the  first  voucher  rendered  in  each  case  by 
the  hospital  to  the  Commission. 

75.  Clinical  records  to  be  kept. — In  hospital  cases  and  in  prolonged 
or  serious  dispensary  cases  a  case  history  should  be  kept  and  for- 
warded to  the  Commission  after  the  termination  of  the  case.    This 
history  should  contain:  (a)  An  exact  statement  of  the  nature  and  ex- 
tent of  the  disability  for  which  treatment  is  sought  and  of  any  con- 
current or  complicating  diseases,  disabilities,  or  morbid  conditions; 
(b)  the  nature  of  the  injury  causing  the  disability ;  (<?)  a  clinical  his- 
tory showing  the  nature  of  the  treatment,  the  progress  of  the  case, 
and  the  condition  of  the  patient  at  the  time  of  discharge,  with  par- 
ticular reference  to  incapacitating  effects  or  results  of  the  injuries 
still  remaining;    (d)   any  pertinent  facts  relating  to  the  patient's 
family  history  or  previous  history  which  may  have  a  bearing  on  the 
disability. 

76.  Specialists  to  be  employed  when  necessary. — In  those  cases  requir- 
ing the  services  of  a  specialist,  the  local  medical  officer,  or  "  desig- 
fiated  "  physician,  if  there  be  one — otherwise  the  hospital  authorities — 
may,  when  necessary,  obtain  such  services  at  once  in  cases  of  emer- 
gency, but,  where  time  will  permit^  approval  should  first  be  obtained 
from  the  Commission  before  such  specialist  services  are  engaged. 
The  medical  officer  or  hospital  authorities  should  be  guided  by  the 
exigencies  of  the  case,  and  bear  in  mind  that  the  patient  should  not 
be  compelled  to  wait  for  the  services  of  a  specialist  in  any  instance 
where  delay  would  retard  or  deleteriously  influence  recovery.    When 
calling  in  a  specialist,  he  should  be  informed  that  his  charges  for 
this  service  should  be  in  accordance  with  the  minimum  rates  fixed 
and  obtaining  in  the  locality  for  such  specialist  service  for  patients 
with  the  average  income  of  Federal  employees. 

77.  Bills  for  treatment  by  specialists. — The  bills  for  emergency  spe- 
cialist service  should  be  transmitted  through  the  medical  officer, 
"  designated  "  physician,  or  hospital  authority  requesting  such  serv- 
ice, who  should  certify  that  the  services  were  furnished,  that  they 


MEDICAL,   SURGICAL,  AND  HOSPITAL  SERVICES.  33 

were  believed  to  be  immediately  necessary,  and  that  the  amount 
charged  is  just  and  reasonable  and  in  accordance  with  the  minimum 
rates  fixed  and  obtaining  in  the  locality  for  such  specialist  service 
for  patients  with  the  average  income  of  Federal  employees. 

78.  Treatment  by  osteopaths,  chiropractors,  etc. — Treatment  by  doc- 
tors of  osteopathy,  chiropractors,  mental  healers,  etc.,  will  not  be 
paid  for  under  the  provisions  of  the  Compensation  Act,  unless  such, 
treatment  is  prescribed  by  a  United  States  medical  officer  or  some 
person  licensed  under  the    State   laws    to    practice    medicine    and 
surgery. 

79.  Burial    expenses. — Personal    representatives    of    deceased    em- 
ployees will  be  reimbursed  for  the  burial  expenses  of  such  employees, 
in  an  amount  not  to  exceed  $100,  in  the  discretion  of  the  Commission. 
If  an  executor  of  the  estate  of  a  deceased  employee  has  been  desig- 
nated, or  if  an  administrator  of  the  estate  has  been  appointed,  the 
name,  address  and  designation,  and  a  certified  copy  of  the  creden- 
tials of  such  person  should  be  furnished  the  Commission  by  the 
beneficiary  claiming  compensation.     If  there  is  neither  an  executor 
nor  an  administrator  of  the  decedent's  estate,  that  fact  should  be 
stated  by  the  beneficiary  claiming  compensation,  in  order  that  the 
Commission  may  take  the  necessary  steps  to  ascertain  who  is  the 
personal  representative. 

In  the  event  that  there  is  no  executor,  administrator,  or  other 
person  who  might  be  entitled  to  be  named  as  the  personal  repre- 
sentative of  the  decedent,  payment  of  the  burial  expenses  may  be 
made  by  the  Commission  to  the  undertaker,  provided  the  latter 
makes  affidavit  to  the  effect  that  the  services  stated  in  the  bill  ren- 
dered have  been  performed^  that  the  prices  charged  therefor  are 
reasonable,  and  that  he  has  not  received  and  will  not  receive  payment 
of  any  part  of  the  burial  expenses  from  any  source  other  than  the 
Compensation  Commission. 

It-emized  bills  covering  burial  expenses  should  be  submitted  to  the 
Commission  with  each  claim  for  compensation  on  account  of  death, 
or  if  that  is  not  possible,  then  as  soon  after  the  claim  has  been 
submitted  as  practicable. 

80.  Medical  and  hospital  service  not  paid  for  if  employee  refuses  to 
accept  what  is  provided. — An  injured  civil  employee  may  refuse  the 
medical  or  hospital  treatment  provided,  but  when  he  does  so,  other 
medical  treatment  will  not  be  paid  for  by  the  Commission,  provided 
he  has  received  proper  notice  that  the  dispensary  and  hospital  treat- 
ment were  at  his  service  in  case  of  injury,  and  that  other  medical 
service  will  be  at  his  own  expense. 

81.  Refusal  of  medical  or  surgical  treatment. — No  compensation  will 
be  paid  on  account  of  the  death  or  disability  of  an  employee,  if  his 


34       UNITED  STATES  EMPLOYEES'   COMPENSATION  COMMISSION. 

death  is  caused,  or  if  and  in  so  far  as  disability  is  caused,  continued, 
or  aggravated  by  an  unreasonable  refusal  to  submit  to  medical  treat- 
ment or  to  any  surgical  treatment,  the  risk  of  which  is,  in  the  opinion 
of  the  Commission,  based  upon  expert  medical  or  surgical  advice, 
inconsiderable. 

82.  Refusal  to  submit  to  hospital  rules. — If  an  injured  employee  ad- 
mitted to  a  United  States  or  designated  hospital  for  treatment  on 
account  of  the  injury  refuses  to  comply  with  any  reasonable  hospital 
rules  or  requirements  and  his  offense  is  of  sufficient  gravity  to  cause 
his  dismissal  from  the  hospital,  before  he  is  actually  dismissed  the 
medical  officer  in  charge  of  the  hospital  should  telegraph  the  United 
States  Employees'  Compensation  Commission,  Washington,  D.  C., 
in  sufficient  detail  to  acquaint  the  Commission  with  the  circumstances 
surrounding  the  proposed  discharge  of  the  patient  to  enable  it  to 
take  necessary  action. 

83.  Medical  supervision  of  injured  employees  treated  by  private  physi- 
cians.— Whenever  an  injured  civil  employee  prefers  to  be  treated  by 
his  private  physician  or  hospital,  the  official  superior  should  notify 
him,  in  accordance  with  section  21  of  the  Compensation  Act,  to 
report  from  time  to  time  to  the  United  States  medical  officer,  or  to 
the  "  designated  "  private  physician  or  hospital  for  examination  to 
determine  whether  or  not  his  disability  continues. 

84.  Refusal  or  obstruction  of  medical  examination. — If  the  injured 
employee  fails  to  report  in  accordance  with  instructions  and  can  give 
no  valid  reason  for  such  failure,  he  may  be  notified  that,  in  accord- 
ance with  section  21  of  the  Compensation  Act,  he  is  refusing  or  ob- 
structing the  examination,  and  that  compensation  will  not  be  paid 
during  such  refusal  or  obstruction.     In  case  an  injured  civil  em- 
ployee fails  to  appear  for  examination,  and  reports  that  he  is  con- 
fined to  his  home  or  private  hospital  on  account  of  his  disability,  it 
is  suggested  that  the  medical  officer,  if  there  be  one,  visit  the  home 
or  place  wrhere  he  is  confined  on  account  of  his  disability,  for  the 
purpose  of  determining  the  nature  and  character  of  such  disability. 

As  soon  as  an  .injured  employee  recovers  to  such  extent  as  to  be 
able  to  report  at  the  dispensary  for  examination,  he  shall  do  so, 
and  continue  to  do  so  as  often  as  directed  until  he  is  able  to  return 
to  duty.  Failure-  to  report  in  accordance  with  these  instructions 
without  valid  reason  will  be  considered  as  refusing  to  submit  to  or 
obstructing  an  examination,  and  compensation  will  not  be  paid  dur- 
ing such  time. 

85.  Statement  of  medical  officer  to  be  made  in  connection  with  claim. — 
When  an  injured  employee  is  treated  for  the  duration  of  his  dis- 
ability by  the  United  States  medical  officer  at  the  establishment,  dis- 
pensary, or  hospital,  the  United  States  medical  officer  should  fill  out 


MEDICAL,   SURGICAL,   AND   HOSPITAL   SER^CES.  35 

both  the  "  medical  officer's  "  statement  and  the  statement  of  the  "  at- 
tending physician ''  in  the  claim  for  compensation,  form  C.  A.  4. 

.When  an  injured  employee  is  not  treated,  other  than  first  aid,  by 
the  medical  officer,  the  latter  should  fill  out  only  the  " medical  offi- 
cer's "  statement  in  the  claim  for  compensation,  form  C.  A.  4,  and  the 
injured  employee's  attending  physician  should  fill  out  the  statement 
of  the  "  attending  physician." 

86.  Medical  referee  to  be  employed  in  case  of  disagreement. — In  cases 
in  which  there  is  a  disagreement  between  the  claimant  and  his  at- 
tending physician  on  the  one  hand,  and  the  medical  officer  represent- 
ing the  United  States  on  the  other  hand,  as  to  the  cause,  nature, 
character,  or  extent  of  the  disability  in  question,  the  Commission  will 
appoint  a  third  physician  to  act  as  medical  referee,  in  accordance 
with  section  22  of  the  Compensation  Act.     In  all  localities  where 
there  is  an  officer  of  the  United  States  Public  Health  Service,  the 
Commission  has  arranged  to  have  said  officer  act  as  referee. 

87.  Medical  referee's  examination — Official  superior  and  injured  em- 
ployee may  be  represented  by  physicians. — When  the  medical  referee 
examines  the  injured  employee,  the  later  may  be  accompanied  by  his 
own  physician  who  may  participate  in  the  examination  if  he  so 
desires.    Likewise,  if  it  is  desired  by  the  employee's  official  superior 
or  the  medical  officer  representing  the  United  States,  they,  or  repre- 
sentatives designated  by  them,  may  be  present  and  participate  in  the 
examination  by  the  referee. 

88.  Medical  referee's  examination  must  be  thoroughly  impartial  pro- 
cedure.— Great  care  should  be  exercised  in  all  examinations  by  ref- 
erees to  weigh  carefully  and  with  absolute  impartiality  all  evidence 
submitted  by  either  side  to  the  controversy.     The  referee  must  feel 
free  to  express  his  impartial  judgment  in  each  case.     It  is  to  be 
understood   that  referees  are  under  no   circum-stanccs   to   con 
themselves  a-s  representing   the   interests  of  the    United  States  as 
against  the  infa^-xt  of  tlie  injured  employees,  but  are  to  arrive  at  a 
fair  and  impartial  dcci-s'wn  in  each  case.    If  in  any  such  case  there 
is  doubt  in  the  mind  of  the  referee  as  to  the  proper  conclusion  to 
be  reached,  the  injured  employee  should  be  admitted  to  the  hospital 
under  care  of  such  referee  for  further  observation,  examination,  and 
treatment,  until  such  time  as  a  definite  decision  can  be  reached.    If 
the  services  of  a  specialist  are  necessary,  immediate  request  should 
be  made  to  the  Commission  therefor.     In  making  a  request  to  the 
medical  referee  for  examination,  all  of  the  records  in  the  case  should 
accompany  the  request,  so  that  the  medical  referee  will  have  before 
him  at  the  time  of  examination  all  of  the  evidence  of  record.    When 
the  medical  referee  completes  his  examination  he  should  forward  the 
record  in  the  claim,  together  with  his  report,  made  up  on  form. 


36       UNITED  STATES  EMPLOYEES'   COMPENSATION   COMMISSION. 

, 

C.  A.  7,  to  the  officer  under  whom  the  employee  was  engaged  at  the 
time  of  injury.  In  addition  to  filling  out  the  form,  C.  A.  7,  a  careful 
clinical  record  of  the  case  should  be  made  up  and  forwarded  at  once 
to  the  United  States  Employees'  Compensation  Commission.  This 
clinical  record  should  include  pertinent  facts  in  the  family  and 
previous  history  of  the  patient,  and  a  detailed  history  of  the  existing 
disability,  together  with  a  notation  of  the  findings  of  a  complete 
physical  examination. 

89.  Disabilities  not  related  to  the  injury,  but  prolonging  treatment,  to 
be  immediately  reported  to  Commission. — Whenever,  in  any  case,  an 
injured  employee  admitted  to  hospital  is  found  to  have  or  develops  a 
disease  or  disability  which  is  not  related  to  the  injury,  and  which  is 
liable  to  prolong  his  stay  in  hospital,  the  Commission  should  be  no- 
tified immediately. 

90.  Injured  employee  able  to  do  light  or  modified  work. — Whenever 
an  injured  employee  becomes  physically  fit  to  do  light  work  or  some 
form  of  work  other  than  his  usual  work  without  detriment  to  himself 
and  without  interfering  with  his  recovery  from  the  injury,  the  medi- 
cal officer  in  charge  of  the  case  should  record  the  fact  in  the  clinical 
history  and  should  notify  the  patient,  the  employer,  and  the  Em- 
ployees' Compensation  Commission. 

91.  Hospital  treatment  in  general  ward  to  be  furnished. — In  hospitals 
under  contract  to  furnish  service  to  injured  employees,  general  ward 
service  only  will  be  furnished  by  the  Commission,  except  as  provided 
in  section  39. 

92.  Hospital  treatment  in  private  room — Conditions  under  which  fur- 
nished.— In  cases  where  the  nature  of  the  injury  requires  care  in  a 
private  room,  such  care  is  authorized  until  the  necessity  ceases.    The 
physician  in  charge  of  the  case  must  certify  as  to  the  period  during 
which  care  is  required  in  private  room. 

It  is  always  permissible  for  a  patient  to  be  treated  in  a  private 
room,  provided  he  will  pay  the  difference  in  cost  between  the  general 
ward  and  the  private  room,  but  such  arrangement  shall  in  no  way 
bind  the  Commission  to  pay  a  rate  above  the  contract  rate. 

PROCEDURE  WHERE  THERE  ARE  NO  UNITED  STATES  OR  "  DESIGNATED  " 
PHYSICIANS  OR  HOSPITALS. 

93.  Injured  employee  to  select  physician  in  case  no  United  States  or 
"  designated  "  physician  or  hospital  is  available. — In  places  where  there 
is  no  United  States  medical  officer,  hospital,  or  dispensary,  or  "  desig- 
nated "  physician  or  hospital,  the  injured  employee  should  be  advised 
to  select,  for  the  treatment  of  his  disability,  any  reputable  physician 
licensed  under  State  law  to  practice  medicine  and  surgery.    In  select- 
ing such  physician,  the  employee  should  inform  him  that  the  United 
States  Employee's  Compensation  Commission  will  settle  all  reason- 


MEDICAL,   SURGICAL,  AND  HOSPITAL  SERVICES.  37 

able  charges,  but  that  settlement  will  be  based  upon  the  minimum  rate 
fixed  or  obtaining  in  the  locality  for  patients  receiving  the  average 
income  of  United  States  civil  employees. 

In  such  cases  the  injured  employee  should  select  the  nearest  avail- 
able competent  physician.  The  Commission  will  bear  the  expense 
of  the  street  car  fare  or  other  transportation  necessary  to  secure  such 
treatment,  as  well  as  other  reasonable  expenses  incurred  in  connection 
therewith. 

94.  Physicians'  bills  to  be  forwarded  to  Commission,  and  not  paid  by 
injured  employee. — Injured  employees  should  be  advised  not  to  pay 
physicians,  but  to  forward  the  physicians'  itemized  bills  to  the  Com- 
pensation Commission,  through  the  official  superior.    This  officer  is 
requested  to  forward  the  physicians'  bills  at  once  to  the  Commission, 
at  Washington,  D.  C.,  with  any  comment  he  may  desire  to  make, 
accompanied  by  forms  C.  A.   1  and  2,  unless  already  submitted. 
Settlement  will  then  be.made  with  the  physicians  by  the  Commission 
direct. 

95.  Injured  employee  to  select  hospital,  if  necessary,  where  no  United 
States  or  "  designated  "  hospital  is  available. — In  places  where  there  is 
no  United  States  hospital,  or  hospital  designated  by  the  Commission 
for  the  treatment  of  injured  civil  employees,  and  in  cases  of  injury 
so  severe  as  to  require  hospital  treatment,  the  injured  employee  should 
be  advised  to  go  to  a  well-equipped  hospital.     The  Commission  will 
pay  for  the  hospital  service  in  a  general  ward.     It  will,  however,  be 
permissible  for  the  injured  employee  to  obtain  service  in  a  private 
room,  provided  he  will  himself  pay  the  difference  between  the  pri- 
vate-room rates  and  the  rates  fixed  for  general-ward  patients. 

If  the  condition  of  the  patient  is  so  serious  as  to  require  care  in  a 
private  room,  such  care  will  be  allowed  upon  the  statement  of  the 
attending  physician  as  to  the  necessity  therefor,  but  when  the  re- 
quirement ceases  to  exist  the  patient  should  be  transferred  to  the 
general  ward. 

96.  Hospital  bills  to  be  forwarded  to  the  Commission  and  not  paid  by 
employee, — Injured  employees  should  be  advised  not  to  pay  hospital 
bills,  but  to  forward  them  to  the  -Commission  through  the  official 
superior.     This  officer  is  requested  to  forward  the  hospital  bills  at 
once  direct  to  the  Commission,  Washington,  D.  C.,  with  any  com- 
ment he  may  desire  to  make,  accompanied  by  forms  C.  A.  1  and  2, 
unless  already  submitted.     Settlement  will  then  be  made  with  the 
hospital  by  the  Commission  direct. 

97.  Transportation  to  be  furnished  upon  authorization  of  Commission 
when  necessary  to  secure  adequate  hospital  treatment. — In  places  where 
there  are  no  hospitals,  whenever  in  the  opinion  of  the  official  superior 
or  whenever  in  the  opinion  of  the  attending  physician  it  is  necessary 
to  transfer  an  injured  employee  to  another  locality  to  secure  ade- 


38 

quate  hospital  treatment,  request  should  be  made  at  once  of  the 
Commission  for  authority  for  such  transfer,  provided  the  exigencies 
of  the  case  will  permit.  This  request  may  be  made  by  telegraph  if 
necessary.  If  the  emergency  is  such  as  to  require  immediate  action, 
the  employee  should  be  transferred  as  soon  as  practicable  and  the 
action  reported  to  the  Commission  for  approval.  In  all  cases  where 
practicable  transfer  will  be  made  to  the  most  available  United  States 
hospital,  as  shown  by  the  list  of  hospitals  published  by  the  Commis- 
sion. In  case  it  is  not  practicable  to  transfer  the  patient  to  a  United 
States  hospital,  then,  if  practicable,  he  will  be  transferred  to  the 
nearest  "  designated  "  hospital  as  shown  by  the  published  list.  If  it 
is  not  practicable  to  transfer  the  patient  to  a  United  States  hospital 
or  "  designated  "  hospital,  the  services  of  other  well-equipped  hos- 
pitals may  be  utilized. 

Actual  and  necessary  expenses  incurred  in  traveling  in  both  direc- 
tions between  the  place  of  injury  or  home  of  patient  and  the  place 
to  which  transferred  for  treatment  will*  be  allowed. 

98.  Medical  examination  of  injured  employee  to  determine  whether  dis- 
ability is  due  to  injury. — In  places  where  there  are  no  United  States 
medical  officers  or  "designated"  hospitals,  in  all  cases  of  alleged 
injury  about  which  there  is  some  doubt  from  a  medical  viewpoint  as 
to  whether  the  employee's  disability  is  the  result  of  his  alleged 
injury,  the  official  superior  shall  select  a  reputable  physician  licensed 
to  practice  medicine  and  surgery  under  the  State  laws  (a  specialist 
if  necessary)  to  examine  the  said  employee  to  determine  whether  the 
disability  is  due  to  the  alleged  injury.     Such  examination  shall  be 
conducted  in  'such  a  manner  and  extend  over  such  time  as  may  be 
deemed  necessary  to  arrive   at   a   diagnosis   and   conclusion.     The 
employee  may  have  a  duly  qualified  physician,  designated  and  paid 
for  by  himself,  present  and  participate  in  the  examination  if  he  so 
desires.     In  cases  of  disagreement  a  third  physician  designated  by 
the  Commission  may  be  called  in  to  act  as  referee.     If  the  injured 
employee  refuses  to  submit  to  any  medical  examination  or  in  any 
way  obstructs  the  same,  compensation  will  be  suspended  during  the 
continuance  of  such  refusal  or  obstruction. 

99.  Insane  injured  employees  to  be  transferred  to  hospital  for  insane. — 
Insane  injured  employees  entitled  to  the  benefits  of  the  Compensation 
Act  \vill  be  transferred  either  to  a  designated  hospital  for  the  insane 
or  to  the  Government  Hospital  for  the  Insane  at  Washington,  D.  C. 
Requests  for  such  transfer  should  in  each  case  be  made  to  the  Com- 
mission. 


DUTIES  OF  BENEFICIARIES  OF  DECEASED  EMPLOYEES. 

100.  Claims  for  compensation. — If  the  death  of  an  employee  results 
from  an  injury  within  six  years,  the  law  provides  for  the  payment  of 
compensation  to  the  beneficiaries  enumerated  in  section  10  of  the  law. 

The  claim  should  be  signed  by  the  person  making  the  claim  or  his 
duly  authorized  representative.  There  should  be  given,  on  the  first 
page  of  the  claim,  the  names  and  addresses  of  all  persons  who  may 
be  entitled  to  compensation  on  account  of  death,  together  with  the 
address  of  the  person  making  the  statement,  which  should  be  sworn  to 
by  such  person. 

Oaths  of  claimants  residing  in  foreign  countries  should  be  made 
before  a  United  States  consular  officer  or  secretary  of  legation ;  or,  if 
before  a  local  official,  a  certificate  of  such  United  States  consular 
officer  or  secretary  of  legation,  showing  the  authority  of  the  local 
official  to  administer  oaths,  should  be  annexed. 

A  certified  copy  of  the  death  certificate  should  accompany  the  claim 
for  compensation,  but  if,  for  any  reason,  it  can  not  be  secured,  a  full 
explanation  should  be  given  at  the  bottom  of  the  first  page  of  the 
claim  form,  C.  A.  5. 

If  the  relationship  to  the  decedent  of  any  person  entitled  to  claim 
compensation  is  that  of  adoption,  a  certified  copy  of  the  order  of 
adoption  should  accompany  the  claim. 

Certified  copies  of  the  marriage  certificate,  either  civil  or  church,  in 
the  case  of  a  widow  or  widower,  and  of  the  civil  birth  records  of 
children  by  or  on  behalf  of  whom  compensation  is  claimed  should 
accompany  each  claim. 

The  furnishing  of  these  various  records  at  the  time  the  claim  is 
forwarded  to  the  Commission  will  eliminate  unnecessary  correspond- 
ence and  delay,  and  will  expedite  the  prompt  disposition  of  the  claim 
by  the  Commission. 

Copies  of  civil  records  of  birth  should  be  furnished  wherever  pos- 
sible. If,  however,  there  are  no  civil  records,  properly  authenticated 
copies  of  church  records  of  birth  should  be  submitted,  with  the  state- 
ment that  it  is  impossible  to  obtain  copies  of  any  civil  records. 

Each  claim  for  compensation  on  account  of  death  should  be  sub- 
mitted to  the  Commission  through  official  channels  within  60  days 
after  death  occurs.  If  not  so  submitted,  an  explanation  of  the  delay 
must  accompany  the  claim. 

A  claim  on  account  of  death  niust,  in  accordance  with  the  absolute 
requirement  of  the  law,  be  filed  within  one  year  after  death,  in  order 
to  permit  the  payment  of  compensation  by  the  Commission. 

39 


40       UNITED  STATES  EMPLOYEES '   COMPENSATION   COMMISSION. 

101.  Penalty  for  false  statement  in  claim. — Any  false  statement  know- 
ingly made  by  a  claimant  in  a  claim  for  compensation  constitutes 
perjury,  and  renders  the  guilty  person  liable  to  a  fine  of  not  more 
than  $2,000  or  imprisonment  for  not  more  than  one  year,  or  both 
such  fine  and  imprisonment. 

102.  Lump-sum  awards. — The  Commission  is  permitted  under/ the  law 
to  make  lump-sum  awards  to  beneficiaries  entitled  to  compensation 
under  the  act,  but  it  is  not  the  policy  of  the  Commission  to  make  such 
lump-sum  payments,  unless  it  can  be  conclusively  shown  that  such 
action  is  for  the  best  interests  of  the  beneficiaries. 

103.  Burial   expenses. — Personal    representatives    of    deceased   em- 
ployees will  be  reimbursed  for  the  burial  expenses  of  such  employees, 
in  an  amount  not  to  exceed  $100,  in  the  discretion  of  the  Commission. 
If  an  executor  of  the  estate  of  a  deceased  employee  has  been  desig- 
nated, or  if  an  administrator  of  the  estate  has  been  appointed,  the 
name,  address  and  designation,  and  a  certified  copy  of  the  credentials 
of  such  person  should  be  furnished  the  Commission  by  the  beneficiary 
claiming  compensation.    If  there  is  neither  an  executor  nor  an  ad- 
ministrator of  the  decedent's  estate,  that  fact  should  be  stated  by  the 
beneficiary  claiming  compensation,  in  order  that  the  Commission  may 
take  the  necessary  steps  to  ascertain  who  is  the  personal  represen- 
tative. 

In  the  event  that  there  is  no  executor,  administrator,  or  other  per- 
son who  might  be  entitled  to  be  named  as  the  personal  representative 
of  the  decedent,  payment  of  the  burial  expenses  may  be  made  by  the 
Commission  to  the  undertaker,  provided  the  latter  makes  affidavit  to 
the  effect  that  the  services  stated  in  the  bill  rendered  have  been  per- 
formed, that  the  prices  charged  therefor  are  reasonable,  and  that  he 
has  not  received  and  will  not  receive  payment  of  any  part  of  the 
burial  expenses  from  any  source  other  than  the  Compensation  Com- 
mission. 

Itemized  bills  covering  burial  expenses  should  be  submitted  to  the 
Commission  with  each  claim  for  compensation  on  account  of  death, 
or  if  that  is  not  possible,  then  as  soon  after  the  claim  has  been  sub- 
mitted as  practicable. 

104.  Embalming  and  transportation  of  bodies  of  deceased  employees.— 
In  the  case  of  an  employee  whose  home  is  within  the  United  States,  if 
the  death  occurs  away  from  his  home  station  or  outside  the  United 
States,  and  if  so  desired  by  his  relatives,  the  body  may  be  embalmed 
and  transported  in  a  hermetically  sealed  casket  to  the  home  of  the 
employee.    Expenses  for  embalming  and  transportation,  as  above  out- 
lined, can  not  be  allowed  by  the  Commission,  however,  where  the 
death  takes  place  more  than  one  year  after  the  cessation  of  disability 
resulting  from  injury,  or,  if  there  has  been  no  disability  preceding 
the  death,  more  than  one  year  after  the  injury. 


DUTIES  OF   BENEFICIARIES   OF   DECEASED  EMPLOYEES.  41 

105.  Claims  for  continuance  of  compensation. — Claims  for  continu- 
ance of  compensation  on  account  of  death  shall,  on  the  1st  and  16th 
of  each  month,  or  as  soon  thereafter  as  practicable,  be  mailed,  on  the 
following  forms,  direct  to  the  Commission  by  the  classes  of  benefici- 
aries specified : 

Widow  or  widower form  C.  A.  12 

Guardian  of  minor  children form  C.  A.  13 

Dependent  parent  or  grandparent form  C.  A.  14 

Dependent  brother,  sister,  or  grandchild_forni  C.  A.  15 

Each  question  on  the  form  requesting  a  continuance  of  compensa- 
tion should  be  carefully  and  fully  answered,  and  the  request  then  cer- 
tified to  by  a  United  States  official.  Where  it  is  practicable  and  con- 
venient, this  certificate  should  be  executed  by  the  official  superior  of 
the  deceased  employee,  or  by  the  postmaster  or  some  authorized  rep- 
resentative of  the  latter,  such  as  the  superintendent  of  a  substation  in 
the  city  or  town  in  which  the  claimant  resides.  The  Commission  has 
provided  this  means  of  certification  to  obviate  the  expense  which 
would  be  involved  if  a  claimant  were  required  to  have  a  notary  public 
execute  such  a  certificate  twice  a  month. 

These  forms  serve  as  the  basis  for  the  compensation  payments  for 
the  periods  which  they  cover,  and  should  be  submitted  promptly  on 
the  dates  named  in  order  to  avoid  delay  in  payment.  Failure  to 
furnish  these  semimonthly  certificates  will  be  regarded  by  the  Com- 
mission as  evidence  that  the  beneficiary  is  no  longer  entitled  to  com- 
pensation, and  will  result  in  a  stoppage  of  compensation  payments. 
Claims  subsequently  received  for  continuance  of  compensation  will, 
however,  be  considered  by  the  Commission  if  they  are  accompanied 
by  explanation  of  the  delay  in  their  submission. 

106.  Termination  of  right  to  compensation. — Beneficiaries  receiving 
compensation  on  account  of  the  death  of  an  employee,  or  some  one 
on  their  behalf,  shall,  on  such  beneficiaries  becoming  disqualified  to 
receive  further  compensation,  immediately  notify  the  Commission. 

The  following  persons  receiving  compensation  on  account  .of  the 
death  of  an  employee  become  disqualified  under  the  conditions  cited : 

A  widow  when  she  dies  or  remarries. 

A  widower  when  he  dies  or  remarries. 

A  child  when  he  or  she  dies,  marries,  or  reaches  the  age  of 
18,  or,  if  over  18  and  incapable  of  self-support,  be- 
comes capable  of  self-support. 

A  brother,  sister,  or  grandchild  at  the  expiration  of  eight 
years,  or  when  he  or  she  dies,  marries,  ceases  to  be 
dependent,  or  reaches  the  age  of  18,  or,  if  over  18 
and  incapable  of  self-support,  becomes  capable  of 
self-support. 

Parents  or  grandparents  at  the  expiration  of  eight  years,  or 
when  they  die,  marry,  or  cease  to  be  dependent. 


42       UNITED  STATES  EMPLOYEES'   COMPENSATION   COMMISSION. 

107.  Penalty  for  accepting  compensation  after  marriage. — Any  bene- 
ficiary who  accepts  any  payments  of  compensation  after  marriage,  if 
by  the  terms  of  the  Compensation  Act  the  compensation  ceases  upon 
marriage,  becomes  liable  to  punishment  by  a  fine  of  not  more  than 
$2,000,  or  by  imprisonment  for  not  more  than  one  year,  or  by  both 
such  fine  and  imprisonment. 

108.  Change  in  the  compensation  payable  to  beneficiaries. — Benefi- 
ciaries should  notify  the  Commission  whenever  an  event  occurs  which 
necessitates  a  change  in  the  proportionate  amount  to  one  or  more  of  a 
group  of  beneficiaries  through  the  death,  marriage,  cessation  of  de- 
pendency, arrival  at  the  age  of  18,  or  ability  for  self-support  of  one 
or  more  of  their  number,  or  through  the  birth  of  a  posthumous  child. 

109.  Claims  for  damages  against  third  parties  liable  on  account  of  death 
of  employees. — Whenever  an   employee  sustains  a  personal  injury 
resulting  in  his  death  while  in  the  performance  of  his  duties  for  the 
United  States,  under  such  circumstances  as  to  create  a  liability  on 
some  one  other  than  the  United  States  to  pay  damages  on  account 
of  such  death,  the  beneficiaries  of  the  deceased  employee  shall,  if 
required  by  the  Commission,  assign  to  the  United  States,  on  a  form 
which  will  be  provided  by  the  Commission  in  each  case,  any  right 
of  action  on  account  of  such  liability  they  may  have  against  the 
person  responsible.      They  shall,  if  required  by  the  Commission, 
prosecute  or  compromise  said  action  in  their  own  names.    Refusal  to 
make  such  assignment  or  to  prosecute  or  compromise  an  action  in 
their  own  names  when  required  shall  deprive  them  of  all  rights  to 
compensation. 

When  the  amount  of  the  compensation  and  other  benefits  payable 
to  beneficiaries  under  the  compensation  Act  exceeds  the  net  amount 
received  in  settlement  (the  total  sum  less  attorney's  fee  and  costs 
of  suit),  they  shall  be  entitled  to  receive  the  excess  from  the  funds 
of  the  Compensation  Commission.  In  case  the  net  amount  received 
by  the  beneficiaries  in  settlement  is  in  excess  of  the  compensation 
and  other  benefits  payable  under  the  Compensation  Act,  they  shall 
be  entitled  to  retain  all  of  such  amount,  unless  they  have  already  re- 
ceived benefits  from  the  funds  of  the  Compensation  Commission,  in 
which  case  the  amount  of  such  benefits  shall  be  returned  to  the 
Commission. 

Beneficiaries  receiving  any  money  or  other  property  in  satisfac- 
tion of  the  liability  of  persons  other  than  the  United  States  respon- 
sible for  the  death  of  an  employee  as  a  result  of  a  suit  brought  by 
the  beneficiaries,  or  as  a  result  of  a  settlement  made  by  them,  shall 
report  to  the  Commission,  as  soon  as  such  money  or  other  property 
has  been  received,  the  amount  of  money  or  the  value  of  the  property 
so  received,  together  with  a  statement  showing  the  costs  of  the  suit, 
if  any,  and  the  amount  of  the  attorney's  fees.  The  Commission, 


DUTIES   OF   BENEFICIARIES   OF   DECEASED   EMPLOYEES.  43 

after  determining  what  is  a  reasonable  attorney's  fee  in  each  case, 
will  then  inform  the  beneficiary  of  the  amount,  if  any,  he  is  to  refund 
to  the  United  States  on  account  of  compensation  which  has  already 
been  paid  him  by  the  United  States,  and  the  Commission  will  credit 
any  surplus  upon  future  payments  of  compensation  payable  to  him. 

110.  Payments  by  mistake. — Beneficiaries  paid  compensation  by  the 
Commission  under  a  mistake  of  law  or  of  fact  shall,  as  soon  as  the 
mistake  is  discovered,  or  their  attention  is  called  to  the  same,  refund 
to  the  Commission  any  amount  so  paid.  Failure  to  make  such  refund 
will  result  in  prosecution  by  the  Commission. 


RULINGS  OF  THE  COMPENSATION  COMMISSION. 

In  order  to  insure  uniform  and  consistent  action  upon  cases 
involving  the  same  general  principles  or  facts,  the  Commission  has 
adopted  the  following  four  rules,  which  are  intended  to  serve  as 
a  guide,  without  being  inflexibly  binding,  in  each  class  of  cases  to 
which  the  rules,  respectively,  refer. 

TThen  reports  are  submitted  covering  any  of  these  classes  of  cases 
full  information  should  be  furnished  to  enable  the  Commission  to 
determine  whether,  under  the  particular  rule  applicable,  compensa- 
tion is  payable. 

DEFINITION  OF  THE  TERM  "WHILE  IN  THE   PERFORMANCE   OF 

HIS  DUTY." 

The  Commission  decides  that  a  personal  injury  sustained  by  a  civil  employee 
of  the  United  States  while  on  the  industrial  premises  of  a  navy  yard,  arsenal, 
or  other  place  of  employment,  provided  such  employee  is  on  such  premises 
for  the  purpose  of  going  to  or  returning  from  his  work  or  performing 
duties  connected  with  or  incidental  to  his  work,  and  is  not  on  such  premises 
merely  for  purposes  of  his  own,  shall  be  an  injury  sustained  "  while  in  the  per- 
formance of  his  duty  "  within  the  meaning  of  that  phrase  as  used  in  section 
1  of  the  Compensation  Act  of  September  7,  1916.  This  ruling  is  based  upon 
the  responsibility  of  the  United  States,  as  the  employer,  for  the  safe  and 
sanitary  condition  of  its  premises. 

Adopted,  October  10,  1917. 

RULES  AS  TO  COMPENSATION  IN  CASES  OF  HERNIA. 

[The  following  rules  are   intended  to   serve  as   a  guide  and   can   not  be   considered   as 
binding  in  all  hernia  cases.] 

1.  Predisposition  to  hernia  shall  be  regarded  as  immaterial. 

2.  Any  new  hernia,  whether  complete  or  incomplete,  resulting  from  an  injury, 
if  causing  incapacity  for  work,  is  compensable,  or  if  not  causing  incapacity  for 
work,  shall  entitle  the  injured  employee  to  operation  and  compensation  during 
the  resulting  .incapacity,  but  the  evidence  must  show  with  reasonable  clearness 
that: 

(o)  The  alleged  hernia  was  immediately  preceded  by  some  sudden  effort, 
severe  strain,  or  the  application  of  external  force. 

(&)  The  injury  was  accompanied  or  immediately  followed  by  pain  and 
discomfort. 

(c)  The  claimant  had  no  knowledge  of  the  existence  of  the  hernia  prior 
to  the  alleged  injury. 

3.  Any  existing  hernia  which  has  not  incapacitated  for  work,  if  materially 
aggravated  as  result  of  an  injury,  is  compensable  if  causing  incapacity  for 
work,  or  if  not  causing  incapacity  for  work,  shall  entitle  the  injured  employee 

45 


46        UNITED  STATES  EMPLOYEES '   COMPENSATION   COMMISSION. 

to  operation  and  compensation  during  the  resulting  incapacity,  but  the  evidence 
must  show  with  reasonable  clearness  that : 

(a)  The  alleged  hernia  was  immediately  preceded  by  some  sudden  effort, 

severe  strain,  or  the  application  of  external  force. 
(&)  The  injury  was  accompanied  or  immediately  followed  by  pain  and 

discomfort, 
(c)   There  was  a  material  aggravation  of  the  condition  of  the  hernia 

existing  prior  to  the  alleged  injury. 

4.  In  all  cases  of  hernia  which  the  Commission  shall  find  remediable  by 
operation,  the  claimant  shall  be  awarded  such  operation  as  a  proper  and  neces- 
sary part  of  medical,  surgical,  and  hospital  treatment.  If  he  refuses  either  to 
accept  or  to  secure  operative  treatment,  he  shall  be  denied  further  compensa- 
tion and  treatment,  unless  there  are  particular  circumstances  warranting  the 
waiving  of  this  rule. 
Adopted,  February  7,  1918. 

RULES  AS  TO  COMPENSATION  IN  CASES  OF  AGGRAVATION  OF 
PREEXISTING  PHYSICAL  DEFECTS. 

[The  following  rules  are   intended   to   serve  as  a  guide   and   can  not  be   considered   as 
binding  in  all  cases  of  preexisting  physical  defects.] 

A  disability  for  work  resulting  from  the  material  aggravation  of  a  previously 
existing  defective  physical  condition  is  compensable  when  the  aggravation  is 
clearly  due  to  a  personal  injury  sustained  while  in  the  performance  of  the 
claimant's  duty.  However,  compensation  shall  be  paid  only  for  the  period  of 
disability  due  to  the  injury. 

If  the  results  of  the  injury  do  not  cause  disability  for  work,  but  require 
medical,  surgical,  or  hospital  services  or  supplies  not  previously  required,  the 
injured  employee  shall  be  entitled  to  reasonable  medical,  surgical,  or  hospital 
services  or  supplies  made  necessary  as  a  result  of  the  injury.  He  shall  also  be 
entitled  to  compensation  during  any  period  of  disability  resulting  from  such 
medical  or  surgical  treatment. 

But,  in  any  case,  the  evidence  must  show  with  reasonable  clearness  that  the 
alleged  aggravation  was  the  direct  result  of  a  definite  injury  sustained  while  in 
the  performance  of  duty,  and  that  it  was  not  merely  the  acceleration  or  culmina- 
tion of  a  preexisting  progressive  physical  defect  which  was  accelerated  or  aggra- 
vated to  only  a  slight  degree  by  the  injury. 

Adopted,  February  12,  1918. 

RULES  AS  TO  COMPENSATION  FOR  INJURIES  DUE  TO  SUNSTROKE, 
HEAT  PROSTRATION,  FROSTBITE,  AND  LIGHTNING. 

[The   following  rules  are  intended   to   serve  as  a  guide   and   can   not  be   considered   as 

binding  in  all  cases.] 

Injuries  due  to  sunstroke,  heat  prostration,  frostbite,  lightning,  etc.,  are  not 
compensable  when  they  are  due  to  conditions  of  employment  involving  hazards 
no  different  and  no  greater  than  those  to  which  the  public  in  general,  in  the 
same  place,  are  exposed.  In  order  to  call  for  an  award  for  compensation  it 
must  be  shown  with  reasonable  clearness  that: 

1.  At  the  time  of  the  alleged  injury  the  employee  was  exposed  to  conditions 
of  special  hazard. 

2.  These  hazards  were  different  or  greater  than  those  to  which  people  gen- 
erally in  the  same  locality  were  exposed. 

Adopted,  February  16,  1918. 


FORMS  USED  IN  REPORTING  INJURIES  AND  MAKING  CLAIMS 
UNDER  THE  COMPENSATION  ACT. 

C.  A.  1 — Notice  of  injury. 

This  form  is  to  be  submitted  to  the  official  superior  by  every  employee  injured 
Jn  the  performance  of  his  duty,  or  some  one  on  his  behalf,  within  48  hours  after 
the  injury.  This  notice  shall  be  given  by  delivering  it  personally  to  the  official 
superior  or  by  depositing  it  in  the  mail,  properly  stamped  and  addressed  to  the 
official  superior.  If  for  any  reason  the  form  is  not  submitted  within  48  hours 
by  the  injured  employee,  it  should  be  forwarded  to  the  official  superior  within 
as  short  a  time  as  possible  after  the  period  mentioned,  together  with  an  ex- 
planation of  the  delay.  It  is  not  intended  that  this  form  shall  be  forwarded 
to  the  Commission  until  it  can  be  accompanied  by  the  Report  of  Injury,  C.  A.  2. 

C.  A.  2 — Report  of  injury. 

The  Report  of  Injury  is  to  be  submitted  to  the  Compensation  Commission  at 
Washington  through  official  channels  as  soon  as  practicable  after  any  injury 
to  a  civil  employee  of  the  United  States  sustained  while  in  the  performance  of 
his  duty  which  results  in  any  loss  of  time  beyond  the  remainder  of  the  day 
or  shift  in  which  the  injury  occurred  or  in  the  incurring  of  any  expense  for 
medical  treatment  which  will  be  a  charge  against  the  Commission.  It  should 
be  accompanied  by  the  Notice  of  Injury,  C.  A.  1. 

C.  A.  3 — Report  of  termination  of  total  or  partial  disability  and  report  of 
death. 

If  disability  does  not  terminate  fatally,  the  first  half  only  of  this  form  is  to 
be  filled  out,  and  the  form  then  forwarded  to  the  Commission  at  Washington 
as  soon  as  disability  from  injury  terminates.  This  form  is  to  be  submitted 
for  each  injury  resulting  in  disability  for  more  than  three  days.  In  the  event 
that  disability  continues  for  less  than  three  days,  the  information  that  disability 
has  terminated,  together  with  the  date,  can  be  given  in  response  to  question 
No.  40  on  form  C.  A.  2. 

In  the  event  that  death  results  from  the  injury,  the  lower  half  of  the  form 
should  be  filled  out  in  addition  to  the  information  called  for  on  the  upper  half. 
If  death  results  immediately,  or  if  no  report  of  injury  has  previously  been  sub- 
mitted, such  report,  on  form  C.  A.  2,  should  be  forwarded  with  the  Report  of 
Death  on  form  C.  A.  3. 

C.  A.  4 — Claim  for  compensation  on  account  of  injury. 

This  form  is  to  be  filed  with  the  official  superior  by  the  injured  employee  or 
some  one  on  his  behalf  within  60  days  after  the  injury  causing  disability  for 
more  than  three  days  for  transmission  to  the  Commission  at  Washington.  In 
cases  where  the  disability  is  likely  to  continue  for  18  days  or  longer,  the  claim 
for  compensation  should  be  submitted  at  the  expiration  of  18  days  without  pay. 
If,  however,  disability  continues  for  less  than  18  days,  the  claim  should  be 
submitted  promptly  at  the  expiration  of  disability. 

47 


48       UNITED  STATES  EMPLOYEES'   COMPENSATION   COMMISSION. 

The  first  page  of  the  form  is  to  be  subscribed  and  sworn  to  by  the  injured 
employee  or  some  one  acting  on  his  behalf  before  an  officer  authorized  to 
administer  oaths. 

On  the  second  page'  should  appear  the  detailed  statements  of  witnesses  of 
the  injury,  together  with  the  statement  of  the  establishment  medical  officer,  if 
there  is  one  at  the  establishment  where  the  injury  occurred. 

On  the  third  page  the  attending  physician  should  make  his  certificate,  and 
on  the  fourth  page  the  certificate  of  the  official  superior  should  be  filled  out 
and  signed  by  the  latter. 

C.  A.  5 — Claim  for  compensation  on  account  of  death. 

This  form  is  to  be  submitted  to  the  Commission  at  Washington  through 
official  channels  within  one  month  after  death  occurred.  If  not  so  submitted, 
an  explanation  of  the  delay  must  accompany  the  claim. 

The  instructions  printed  at  the  top  of  the  first  page  of  this  form  should  be 
strictly  followed,  and  the  certificate  made  under  oath  before  an  officer  authorized 
to  administer  this  should  be  filled  out  by  a  person  qualified  to  furnish  accurate 
information  in  response  to  the  questions  therein  outlined. 

On  the  second  page  of  the  claim  the  surviving  widow  or  widower,  if  any, 
should  make  his  or  her  affidavit  in  support  of  a  claim  for  compensation.  If 
there  is  no  surviving  widow  or  widower,  but  there  are  children  living  under 
18  years  of  age,  the  guardian  of  such  children  should  fill  out  the  first  and  second 
pages  of  the  form,  omitting  only  the  information  called  for  by  questions  2,  3, 
and  4  on  the  second  page. 

On  the  third  page  should  be  made  the  affidavit  of  any  dependents  entitled  to 
claim  compensation  other  than  the  widow  or  widower  and  children  under  18 
years  of  age.  The  affidavit  of  any  dependent  should  be  executed  before  an 
officer  authorized  to  administer  oaths. 

On  the  fourth  page  should  be  furnished  the  physician's  certificate,  together 
with  the  certificate  of  the  decedent's  official  superior. 

If,  at  the  time  the  claim  for  compensation  on  account  of  death  is  made,  no 
reports  of  injury  and  death  on  forms  C.  A.  2  and  3  have  been  forwarded  to  the 
Commission,  such  reports  should  be  made  by  the  official  superior  and  accom- 
pany the  claim  for  compensation. 

C.  A.  6 — Claim  for  payment  for  medical  or  hospital  services. 

In  cases  where  no  claim  for  compensation  on  account  of  disability  is  made, 
but  expenses  for  medical  or  hospital  services  or  supplies  have  been  incurred, 
the  injured  employee  may  make  a  claim  on  account  of  such  services  and 
supplies  on  this  form.  He  should  ans\ver  the  questions  on  the  first  page  of 
the  form  and  certify  to  their  correctness  before  an  officer  authorized  to 
administer  oaths. 

On  the  second  page  should  appear  the  statements  of  witnesses  of  the  injury, 
if  any,  together  writh  the  certificate  of  the  medical  officer,  if  there  was  one  at 
the  establishment  where  the  injury  occurred. 

On  the  third  page  should  appear  the  certificate  of  the'  attending  physician,  and 
on  the  fourth  page  the  certificate  of  the  official  superior  of  the  injured  employee. 

C.  A.  7 — Referee  physician's  report  on  condition  of  injured  employee. 

This  form  should  be  filled  in  as  complete  detail  as  possible  by  the  referee 
physician  and  by  him  mailed  direct  to  the  Commission  at  Washington  imme- 
diately after  the  examination.  A  duplicate  copy  should  also  be  sent  to  the 
employee's  official  superior. 


FOKMS  USED  IN  REPORTING  INJURIES  AND  MAKING  CLAIMS.       49 

C.  A.  8 — Claim  for  continuance  of  compensation  on  account  of  total  dis- 
ability. 

The  various  certificates  called  for  should  be  filled  out  by  the  injured  em- 
ployee, the  medical  officer,  if  any,  at  the  establishment  where  the  injury  oc- 
curred, the  attending  physician,  and  the  employee's  official  superior.  The 
form  should  be  forwarded  by  the  latter  to  the  Commission  at  Washington  on 
the  1st  and  16th  of  each  month,  or  as  soon  after  each  of  those  dates  as  possible, 
so  that  payment  to  employees  may  be  made  in  each  case  for  a  period  of  one- 
half  month. 

C.  A.  9. 

This  number  has  not  yet  been  assigned  to  a  form. 

C.  A.  10 — Record  card. 

(Used  for  statistical  purposes  by  the  Commission.) 

C.  A.  11— Record  card. 

(Used  for  statistical  purposes  by  the  Commission.) 

C.  A.  12 — Claim  of  widow  or  widower  for  continuance  of  compensation  on 
account  of  death. 

Form  C.  A.  12  should  be  properly  filled  out  by  a  widow  or  widower  claiming 
continuance  of  compensation,  and  the  period  for  which  such  compensation  is 
claimed  should  be  accurately  stated,  as  provided  in  the  form. 

This  form  and  the  three  following,  C.  A.  13,  14,  and  15,  are  to  be  mailed 
direct  by  the  person  requesting  continuance  of  compensation  to  the  Commis- 
sion at  Washington  in  the  franked  envelopes  provided  for  the  purpose,  requir- 
ing no  postage,  on  the  1st  and  16th  of  each  mouth,  or  as  soon  after  those  dates 
as  possible. 

This  form,  as  well  as  C.  A.  13,  14,  and  15,  may  be  certified  to  by  any  United 
States  administrative  officer,  preferably  the  official  superior  of  the  deceased 
employee  or  some  other  official  of  the  establishment  in  which  he  was  employed 
at  the  time  of  his  death,  or,  if  that  is  not  convenient  or  practicable,  the  certifi- 
cate of  the  postmaster  or  some  other  local  postal  official  of  the  place  of  resi- 
dence of  the  person  requesting  compensation,  will  be  satisfactory. 

C.  A.  13 — Claim  of  guardian  of  minor  children  for  continuance  of  compensa- 
tion on  account  of  death. 

The  guardian  should  answer  specifically  and  clearly  each  of  the  questions 
asked  on  this  form,  and  should  be  careful  to  write  legibly  and  clearly  the 
name  of  each  child  on  behalf  of  whom  compensation  is  claimed,  together  with 
the  relationship  of  such  child  to  the  deceased  employee. 

For  further  directions,  see  instructions  given  under  C.  A.  12. 

C.  A.  14 — Claim  of  dependent  parents  or  grandparents  for  continuance  of 
compensation  on  account  of  death. 

This  form  may  be  used  jointly  by  the  parent  or  parents,  or  grandparent  or 
grandparents  of  deceased  employee.  If  it  is  used  by  more  than  one  such 
parent,  the  relationship  to  the  decedent  should  be  clearly  stated  in  the  space 
provided  therefor. 

For  further  directions,  see  instructions  given  under  C.  A.  12. 


50       UNITED  STATES  EMPLOYEES'  COMPENSATION  COMMISSION. 

C.  A.  15 — Claim  of  dependent  brothers,  sisters,  or  grandchildren  for  con- 
tinuance of  compensation  on  account  of  death. 

This  form  may  be  used  singly  or  jointly  by  one  or  more  members  of  the 
classes  of  beneficiaries  named  in  the  title  of  the  form,  but  in  each  case  par- 
ticular care  should  be  exercised  to  state  in  the  space,  provided  for  the  pur- 
pose, the  relationship  of  the  claimant  to  the  deceased  employee  in  addition  to 
furnishing  all  of  the  other  information  requested. 

For  further  directions,  see  the  instructions  given  under  C.  A,  12. 

C.  A.  16 — Request  for  treatment  of  injury. 

This  form  should  be  used  as  the  authorization  for  treatment  when  it  is  neces- 
sary to  send  an  injured  employee  to  a  United  States  medical  officer,  dispensary, 
or  hospital  outside  of  the  establishment  in  which  he  works,  or  to  a  designated 
physician,  dispensary,  or  hospital. 

C.  A.  17 — Request  for  treatment  of  injury  when  cause  of  injury  is  in  doubt. 

This  form  should  be  used  as  the  authorization  for  treatment  when  it  is  neces- 
sary to  send  an  injured  employee  to  a  medical  officer,  dispensary,  or  hospital 
outside  of  the  establishment  in  which  he  works,  or  to  a  designated  physician, 
dispensary,  or  hospital,  and  there  is  doubt  as  to  the  injured  employee's  right  to 
treatment  under  the  Compensation  Act.  Full  explanation  as  to  procedure  is 
given  under  sections  68  and  69. 


TEXT  OF  THE  COMPENSATION  ACT. 

[PUBLIC—  No.  2G7—  SIXTY-FOURTH  CONGRESS.] 
[H.  R.  15316.] 

AN  ACT  To  provide  compensation  for  employees  of  the  United  States  suffering  injuries  while  in  the 
performance  of  their  duties,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  United  States  shall 
pay  compensation  as  hereinafter  specified  for  the  disability  or  death 
of  an  employee  resulting  from  a  personal  injury  sustained  while 
in  the  performance  of  his  duty,  but  no  compensation  shall  be  paid 
if  the  injury  or  death  is  caused  by  the  willful  misconduct  of  the 
employee  or  by  the  employee's  intention  to  bring  about  the  injury 
or  death  of  himself  or  of  another,  or  if  intoxication  of  the  injured 
employee  is  the  proximate  cause  of  the  injury  or  death. 

SEC.  2.  That  during  the  first  three  days  of  disability  the  employee     Waiting  tine. 
shall  not  be  entitled  to  compensation  except  as  provided  in  section 
nine.    No  compensation  shall  at  any  time  be  paid  for  such  period. 

SEC.  3.  That  if  the  disability  is  total  the  United  States  shall  pay    Compensation 
to  the  disabled  employee  during  such  disability  a  monthly  compen-  ity. 
sation  equal  to  sixty-six  and  two-thirds  per  centum  of  his  monthly 
pay,  except  as  hereinafter  provided. 

SEC.  4.  That  if  the  disability  is  partial  the  United  States  shall  pay  ^Partial  disabil- 
to  the  disabled  employee  during  such  disability  a  monthly  compensa-  *  y* 
tion  equal  to  sixty-six  and  two-thirds  per  centum  of  the  difference 
between  his  monthly  pay  and  his  monthly  wage-earning  capacity 
after  the  beginning  of  such  partial  disability.    The  commission  may, 
from  time  to  time,  require  a  partially  disabled  employee  to  make 
an  affidavit  as  to  the  wages  which  he  is  then  receiving.     In  such     Statements    as 
affidavit  the  employee  shall  include  a  statement  of  the  value  of  housing, 
board,  lodging,  and  other  advantages  which  are  received  from  the 
employer  as  a  part  of  his  remuneration  and  which  can  be  estimated 
'in  money.    If  the  employee,  when  required,  fails  to  make  such  affi- 
davit, he  shall  not  be  entitled  to  any  compensation  while  such  failure 
continues,  and  the  period  of  such  failure  shall  be  deducted  from  the 
period  during  which  compensation  is  payable  to  him. 

SEC.  5.  That  if  a  partially  disabled  employee  refuses  to  seek  suitable     Refusing  work. 
work  or  refuses  or  neglects  to  work  after  suitable  work  is  offered  to, 
procured  by,  or  secured  for  him,  he  shall  not  be  entitled  to  any  com- 
pensation. 

SEC.  6.  That  the  monthly  compensation  for  total  disability  shall    Maximum  and 


not  be  more  than  $66.67  nor  less  than  $33.33,  unless  the  employee' 


monthly  pay  is  less  than  $33.33,  in  which  case  his  monthly  compen- 
sation shall  be  the  full  amount  of  his  monthly  pay.  The  monthly 
compensation  for  partial  disability  shall  not  be  more  than  $66.67. 
In  the  case  of  persons  who  at  the  time  of  the  injury  were  minors  or 
employed  in  a  learner's  capacity  and  who  were  not  physically  or  Learners. 
mentally  defective,  the  commission  shall,  on  any  review  after  the 

51 


52       UNITED  STATES  EMPLOYEES*  COMPENSATION  COMMISSION. 


Aged    employ- 


Other    pay 

merits. 


Annual       and 
Sick  leave. 


Medical,     etc., 
services. 


Compensation 
for  death. 


Widow. 
Widower. 

Children. 


time  when  the  monthly  wage-earning  capacity  of  such  persona  would 
probably,  but  for  the  injury,  have  increased,  award  compensation 
based  on  such  probable  monthly  wage-earning  capacity.  The  com- 
mission may,  on  any  review  after  the  time  when  the  monthly  wage- 
earning  capacity  of  the  disabled  employee  would  probably,  irre- 
spective of  the  injury,  have  decreased  on  account  of  old  age,  award 
compensation  based  on  such  probable  monthly  wage-earning  capacity. 

SEC.  7.  That  as  long  as  the  employee  is  in  receipt  of  compensation 
under  this  Act,  or,  if  he  has  been  paid  a  lump  sum  in  commutation  of 
installment  payments,  until  the  expiration  of  the  period  during  which 
such  installment  payments  would  have  continued,  he  shall  not  receive 
from  the  United  States  any  salary,  pay,  or  remuneration  whatsoever 
except  in  return  for  services  actually  performed,  and  except  pensions 
for  sendee  in  the  Army  or  Navy  of  the  United  States. 

SEC.  8.  That  if  at  the  time  the  disability  begins  the  employee  haa 
annual  or  sick  leave  to  his  credit  he  may,  subject  to  the  approval 
of  the  head  of  the  department,  use  such  leave  until  it  is  exhausted, 
in  which  case  his  compensation  shall  begin  on  the  fourth  day  of  disa- 
bility after  the  annual  or  sick  leave  has  ceased. 

SEC.  9.  That  immediately  after  an  injury  sustained  by  an  employee 
while  in  the  performance  of  his  duty,  whether  or  not  disability  haa 
arisen,  and  for  a  reasonable  time  thereafter,  the  United  States  shall 
furnish  to  such  employee  reasonable  medical,  surgical,  and  hospital 
services  and  supplies  unless  he  refuses  to  accept  them.  Such  servicea 
and  supplies  shall  be  furnished  by  United  States  medical  officers  and 
hospitals,  but  where  this  is  not  practicable  shall  be  furnished  by 
private  physicians  and  hospitals  designated  or  approved  by  the  com- 
mission and  paid  for  from  the  employees'  compensation  fund.  If 
necessary  for  the  securing  of  proper  medical,  surgical,  and  hospital 
treatment,  the  employee,  in  the  discretion  of  the  commission,  may  be 
furnished  transportation  at  the  expense  of  the  employees'  compensa- 
tion fund. 

SEC.  10.  That  if  death  results  from  the  injury  within  six  years  the 
United  States  shall  pay  to  the  following  persons  for  the  following 
periods  a  monthly  compensation  equal  to  the  following  percentages 
of  the  deceased  employee's  monthly  pay,  subject  to  the  modification 
that  no  compensation  shall  be  paid  where  the  death  takes  place  more 
than  one  year  after  the  cessation  of  disability  resulting  from  such 
injury,  or,  if  there  has  been  no  disability  preceding  death,  more  than 
one  year  after  the  injury: 

(A)  To  the  widow,  if  there  is  no  child,  thirty-five  per  centum. 
This  compensation  shall  be  paid  until  her  death  or  marriage. 

(B)  To  the  widower,  if  there  is  no  child,  thirty-five  per  centum  if 
wholly  dependent  for  support  upon  the  deceased  employee  at  the 
time  ol  her  death.    This  compensation  shall  be  paid  until  his  death 
or  marriage. 

(C)  To  the  widow  or  widower,  if  there  is  a  child,  the  compensation 
payable  under  clause  (A)  or  clause  (B)  and  in  addition  thereto  ten 
per  centum  for  each  child,  not  to  exceed  a  total  of  sixty-six  and  two- 
thirds  per  centum  for  such  widow  or  widower  and  children.    If  a 
child  has  a  guardian  other  than  the  surviving  widow  or  widower,  the 
compensation  payable  on  account  of  such  child  shall  be  paid  to  such 
guardian.    The  compensation  payable  on  account  of  any  child  shall 

when  he  dies,  marries,  or  reaches  the  age  of  eighteen,  or,  if 


UNITED  STATES  EMPLOYEES'  COMPENSATION-  COMMISSION.      53 

over  eighteen,  and  incapable  of  self-support,  becomes  capable  of  self- 
support. 

(D)  To  the  children,  if  there  is  no  widow  or  widower,  twenty-five     Orphan     chfl> 
per  centum  for  one  child  and  ten  per  centum  additional  for  each  ad- 
ditional child,  not  to  exceed  a  total  of  sixty-six  and  two- thirds  per 

centum,  divided  among  such  children  share  and  share  alike.  The 
compensation  of  each  child  shall  be  paid  until  he  dies,  marries,  or 
reaches  the  age  of  eighteen,  or,  if  over  eighteen  and  incapable  of  self- 
support,  becomes  capable  of  self-support.  The  compensation  of  a  child 
under  legal  age  shall  be  paid  to  its  guardian. 

(E)  To  the  parents,  if  one  is  wholly  dependent  for  support  upon     Parents, 
the  deceased  employee  at  the  time  of  his  death  and  the  other  is  not 
dependent  to  any  extent,  twenty-five  per  centum;  if  both  are  wholly 
dependent,  twenty  per  centum  to  each;  if  one  is  or  both  are  partly 
dependent,  a  proportionate  amount  in  the  discretion  of  the  com- 
mission. 

The  above  percentages  shall  be  paid  if  there  is  no  widow,  widower, 
or  child.  If  there  is  a  widow,  widower,  or  child,  there  shall  be  paid 
so  much  of  the  above  percentages  as,  when  added  to  the  total  per- 
centages payable  to  the  widow,  widower,  and  children,  will  not  ex- 
ceed a  total  of  sixty-six  and  two- thirds  per  centum. 

(F)  To  the  brothers,  sisters,  grandparents,  and  grandchildren,  if     Other     depen- 
one  is  wholly  dependent  upon  the  deceased  employee  for  support  at 

the  time  of  his  death,  twenty  per  centum  to  such  dependent;  if  more 
than  one  are  wholly  dependent,  thirty  per  centum,  divided  among 
such  dependents  share  and  share  alike;  if  there  is  no  one  of  them 
wholly  dependent,  but  one  or  more  partly  dependent,  ten  per  centum 
divided  among  such  dependents  share  and  share  alike. 

The  above  percentages  shall  be  paid  if  there  is  no  widow,  widower, 
child,  or  dependent  parent.  If  there  is  a  widow,  widower,  child,  or 
dependent  parent,  there  shall  be  paid  so  much  of  the  above  per- 
centages as,  when  added  to  the  total  percentage  payable  to  the  widow, 
widower,  children,  and  dependent  parents,  will  not  exceed  a  total  of 
sixty-six  and  two- thirds  per  centum. 

(G)  The  compensation  of  each  beneficiary  under  clauses  (E)  and     Term   of  pay 
(F)  shall  be  paid  for  a  period  of  eight  years  from  the  time  of  them< 

death,  unless  before  that  time  he,  if  a  parent  or  grandparent,  dies, 
marries,  or  ceases  to  be  dependent,  or,  if  a  brother,  sister,  or  grand- 
child, dies,  marries,  or  reaches  the  age  of  eighteen,  or,  if  over  eighteen 
and  incapable  of  self-support,  becomes  capable  of  self-support.  The 
compensation  of  a  brother,  sister,  or  grandchild  under  legal  age  shall 
be  paid  to  his  or  her  guardian. 

(H)  As  used  in  this  section,  the  term  "child  "  includes  stepchildren,  Definitions, 
adopted  children,  and  posthumous  children,  but  does  not  include 
married  children.  The  terms  "brother"  and  "sister"  include  step- 
brothers and  stepsisters,  half  brothers  and  half  sisters,  and  brothers 
and  sisters  by  adoption,  but  do  not  include  married  brothers  or  married 
sisters.  All  of  the  above  terms  and  the  term  "grandchild"  include 
only  persons  who  at  the  time  of  the  death  of  the  deceased  employee 
are  under  eighteen  years  of  age  or  over  that  age  and  incapable  of  self- 
support.  The  term  "parent"  includes  step-parents  and  parents  by 
adoption.  The  term  "widow"  includes  only  the  decedent's  wife 
living  with  or  dependent  for  support  upon  him  at  the  time  of  his  death. 
The  term  "widower"  includes  only  the  decedent's  husband  dependent 


54       UNITED  STATES  EMPLOYEES7  COMPENSATION  COMMISSION. 

for  support  upon  her  at  the  time  of  her  death.  The  terms  " adopted" 
and  "adoption"  as  used  in  this  clause  include  only  legal  adoption  prior 
to  the  time  of  the  injury. 

Keadjustinents.  (I)  Upon  the  cessation  of  compensation  under  this  section  to  or  on 
account  of  any  person,  the  compensation  of  the  remaining  persons 
entitled  to  compensation  for  the  unexpired  part  of  the  period  during 
which  their  compensation  is  payable  shall  be  that  which  such  persona 
would  have  received  if  they  had  been  the  only  persons  entitled  to 
compensation  at  the  time  of  the  decedent's  death. 

Apportion-  (j)  in  case  there  are  two  or  more  classes  of  persons  entitled  to  com- 
pensation under  this  section  and  the  apportionment  of  such  compen- 
sation, above  provided,  would  result  in  injustice,  the  commission  may, 
in  its  discretion,  modify  the  apportionment  to  meet  the  requirements 
of  the  case. 

Wage  basis.  (K)  In  computing  compensation  under  this  section,  the  monthly 
pay  shall  be  considered  not  to  be  more  than  $100  nor  less  than  $50, 
but  the  total  monthly  compensation  shall  not  exceed  the  monthly 
pay  computed  as  provided  in  section  twelve. 

Accepting  pay-     (L)  If  any  person  entitled  to  compensation  under  this  section; 

raents  after  mar-     ,      '  J         , 

riage.  whose  compensation  by  the  terms  of  this  section  ceases  upon  his  mar- 

riage, accepts  any  payments  of  compensation  after  his  marriage  he 
shall  be  punished  by  a  fine  of  not  more  than  $2,000  or  by  imprison- 

%  ment  for  not  more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

pense?1' 6tC'' ex~  SEC>  n>  That  if  death  results  from  the  injury  within  six  years 
the  United  States  shall  pay  to  the  personal  representative  of  the 
deceased  employee  burial  expenses  not  to  exceed  $100,  in  the  dis- 
cretion of  the  commission.  In  the  case  of  an  employee  whose  home 
is  within  the  United  States,  if  his  death  occurs  away  from  his  home 
office  or  outside  of  the  United  States,  and  if  so  desired  by  his  rela- 
tives, the  body  shall,  in  the  discretion  of  the  commission,  be  em- 
balmed and  transported  in  a  hermetically  sealed  casket  to  the  home 
of  the  employee.  Such  burial  expenses  shall  not  be  paid  and  such 
transportation  shall  not  be  furnished  where  the  death  takes  place 
more  than  one  year  after  the  cessation  of  disability  resulting  from 
such  injury,  or,  if  there  has  been  no  disability  preceding  death,  more 
than  one  year  after  the  injury. 

of  payPUtation  ^EC-  ^'  ^nat  in  computing  the  monthly  pay  the  usual  practice  of 
the  service  in  which  the  employee  was  employed  shall  be  followed. 
Subsistence  and  the  value  of  quarters  furnished  an  employee  shall 
be  included  as  part  of  the  pay,  but  overtime  pay  shall  not  be  taken 
into  account. 

board  etc  *  n  g  '  SE°'  13'  Tliat  in  ^e  determination  of  the  employee's  monthly 
wage-earning  capacity  after  the  beginning  of  partial  disability,  the 
value  of  housing,  board,  lodging,  and  other  advantages  which  are 
received  from  his  employer  as  a  part  of  his  remuneration  and  which 
can  be  estimated  in  money  shall  be  taken  into  account. 

tlementsSUm  set"  SEC>  14<  Tnat  in  casea  of  deatil  or  of  permanent  total  or  permanent 
partial  disability,  if  the  monthly  payment  to  the  beneficiary  is  less 
than  $5  a  month,  or  if  the  beneficiary  is  or  is  about  to  become  a  non- 
resident of  the  United  States,  or  if  the  commission  determines  that 
it  is  for  the  best  interests  of  the  beneficiary,  the  liability  of  the  United 
States  for  compensation  to  such  beneficiary  may  be  discharged  by 
the  payment  of  a  lump  sum  equal  to  the  present  value  of  all  future 
payments  of  compensation  computed  at  four  per  centum  true  dis- 


UNITED  STATES  EMPLOYEES'  COMPENSATION  COMMISSION.       55 


of   in- 


count  compounded  annually.  The  probability  of  the  beneficiary's 
death  before  the  expiration  of  the  period  during  which  he  is  entitled 
to  compensation  shall  be  determined  according  to  the  American 
Experience  Table  of  Mortality;  but  in  case  of  compensation  to  the 
widow  or  widower  of  the  deceased  employee,  such  lump  sum  shall 
not  exceed  sixty  months'  compensation.  The  probability  of  the 
happening  of  any  other  contingency  affecting  the  amount  or  dura- 
tion of  the  compensation  shall  be  disregarded. 

SEC.  15.  That  every  employee  injured  in  the  performance  of  his.  Notice 
duty,  or  some  one  on  his  behalf,  shall,  within  forty-eight  hours  after 
the  injury,  give  written  notice  thereof  to  the  immediate  superior  of 
the  employee.    Such  notice  shall  be  given  by  delivering  it  personally 
or  by  depositing  it  properly  stamped  and  addressed  in  the  mail. 

SEC.  16.  That  the  notice  shall  state  the  name  and  address  of  the 
employee,  the  year,  month,  day,  and  hour  when  and  the  particular 
locality  where  the  injury  occurred,  and  the  cause  and  nature  of  the 
injury,  and  shall  be  signed  by  and  contain  the  address  of  the  person 
giving  the  notice. 

SEC.  17.  That  unless  notice  is  given  within  the  time  specified  or 
unless  the  immediate  superior  lias  actual  knowledge  of  the  injury,  no 
compensation  shall  be  allowed,  but  for  any  reasonable  cause  shown, 
the  commission  may  allow  compensation  if  the  notice  is  filed  within 
one  year  after  the  injury. 

SEC.  18.  That  no  compensation  under  this  Act  shall  be  allowed  to  Claims. 
any  person,  except  as  provided  in  section  thirty-eight,  unless  he  or 
some  one  on  his  behalf  shall,  within  the  time  specified  in  section 
twenty,  make  a  written  claim  therefor.  Such  claim  shall  be  made  by 
delivering  it  at  the  office  of  the  commission  or  to  any  commissioner 
or  to  any  person  whom  the  commission  may  by  regulation  designate, 
or  by  depositing  it  in  the  mp.il  properly  stamped  and  addressed  to 
the  commission  or  to  any  person  whom  the  commission  may  by  regu- 
lation designate. 

SEC.  19.  That  eveiy  claim  shall  be  made  on  forms  to  be  furnished  Forms. 
by  the  commission  and  shall  contain  all  the  information  required  by 
the  commission.  Each  claim  shall  be  sworn  to  by  the  person  entitled 
to  compensation  or  by  the  person  acting  on  his  behalf,  and,  except 
in  case  of  death,  shall  be  accompanied  by  a  certificate  of  the  employee's 
physician  stating  the  nature  of  the  injury  and  the  nature  and  probable 
extent  of  the  disability.  For  any  reasonable  cause  shown  the  com- 
mission may  waive  the  provisions  of  this  section. 

SEC.  20.  That  all  original  claims  for  compensation  for  disability    Time      for 
shall  be  made  within  sixty  days  after  the  injury.    All  original  claims  claims* 
for  compensation  for  death  shall  be  made  within  one  year  after  the 
death.     For  any  reasonable  cause  shown  the  commission  may  allow 
original  claims  for  compensation  for  disability  to  be  made  at  any  time 
within  one  year. 

SEC.  21.  That  after  the  injury  the  employee  shall,  as  frequently 
and  at  such  times  and  places  as  may  be  reasonably  required,  submit 
himself  to  examination  by  a  medical  officer  of  the  United  States  or 
by  a  duly  qualified  physician  designated  or  approved  by  the  commis- 
sion. The  employee  may  have  a  duly  qualified  physician  designated 
and  paid  by  him  present  to  participate  in  such  examination.  For  all 
examinations  after  the  first  the  employee  shall,  in  the  discretion  of  the 
commission,  be  paid  his  reasonable  traveling  and  other  expenses  and 


56       UNITED  STATES  EMPLOYEES'  COMPENSATION  COMMISSION. 

loss  of  wages  incurred  in  order  to  submit  to  such  examination.  If  the 
employee  refuses  to  submit  himself  for  or  in  any  way  obstructs  any  ex- 
amination, his  right  to  claim  compensation  under  this  Act  shall  be 
suspended  until  such  refusal  or  obstruction  ceases.  No  compensation 
shall  be  payable  while  such  refusal  or  obstruction  continues,  and  the 
period  of  such  refusal  or  obstruction  shall  be  deducted  from  the  period 
for  which  compensation  is  payable  to  him. 

Medical  referee.     SEC.  22.  That  in  case  of  any  disagreement  between  the  physician 
"  making  an  examination  on  the  part  of  the  United  States  and  the 
employee's  physician  the  commission  shall  appoint  a  third  physician, 
duly  qualified,  who  shall  make  an  examination. 

^ees.  I     SEC.  23.  That  fees  for  examinations  made  on  the  part  of  the  United 

States  under  sections  twenty-one  and  twenty-two  by  physicians  who 
are  not  already  in  the  service  of  the  United  States  shall  be  fixed  by  the 
commission.  Such  fees,  and  any  sum  payable  to  the  employee  under 
section  twenty-one,  shall  be  paid  out  of  the  appropriation  for  the 
work  of  the  com  mission. 

iuriep0rtS  °f  k*"  ^EC'  2^'  ^at  immediately  after  an  injury  to  an  employee  resulting 
in  his  death  or  in  his  probable  disability,  his  immediate  superior  shall 
make  &  report  to  the  commission  containing  such  information  as  the 
commission  may  require,  and  shall  thereafter  make  such  supplemen- 
tary reports  as  the  commission  may  require. 

'  ^EC"  2^'  That  anv  assignment  of  a  claim  for  compensation  under 
this  Act  shall  be  void  and  all  compensation  and  claims  therefor  shall 
be  exempt  from  all  claims  of  creditors. 

SE°"  26>  If  an  inJury  or  deatn  for  which  compensation  is  payable 
against  third  par-  under  this  Act  is  caused  under  circumstances  creating  a  legal  liability 
upon  some  person  other  than  the  United  States  to  pay  damages 
therefor,  the  commission  may  require  the  beneficiary  to  assign  to  the 
United  States  any  right  of  action  he  may  have  to  enforce  such  lia- 
bility of  such  other  person  or  any  right  which  he  may  have  to  share 
in  any  money  or  other  property  received  in  satisfaction  of  such  lia- 
bility of  such  other  person,  or  the  commission  may  require  said  bene- 
ficiary to  prosecute  said  action  in  his  own  name. 

If  the  beneficiary  shall  refuse  to  make  such  assignment  or  to  prose- 
cute said  action  in  his  own  name  when  required  by  the  commission, 
he  shall  not  be  entitled  to  any  compensation  under  this  Act. 

The  cause  of  action  when  assigned  to  the  United  States  may  be 
prosecuted  or  compromised  by  the  commission,  and  if  the  commission 
realizes  upon  such  cause  of  action,  it  shall  apply  the  money  or  other 
property  so  received  in  the  following  manner:  After  deducting  the 
amount  of  any  compensation  already  paid  to  the  beneficiary  and  the 
expenses  of  such  realization  or  collection,  which  sum  shall  be  placed 
to  the  credit  of  the  employees'  compensation  fund,  the  surplus,  if  any, 
shall  be  paid  to  the  beneficiary  and  credited  upon  any  future  pay- 
ments of  compensation  payable  to  him  on  account  of  the  same  injury. 


with*  tMr?eniS     ^EC'  ^  '  ^nat  ^  an  inJury  or  death  for  which  compensation  is  pay- 
ties.  able  under  this  Act  is  caused  under  circumstances  creating  a  legal 

liability  in  some  person  other  than  the  United  States  to  pay  damages 
therefor,  and  a  beneficiary  entitled  to  compensation  from  the  United 
States  for  such  injury  or  death  receives,  as  a  result  of  a  suit  brought 
by  him  or  on  his  behalf,  or  as  a  result  of  a  settlement  made  by  him 
or  on  his  behalf,  any  money  or  other  property  in  satisfaction  of  the 
liability  of  such  other  person,  such  beneficiary  shall,  after  deducting 


UNITED  STATES  EMPLOYEES*   COMPENSATION  COMMISSION.       57 

the  costs  of  suit  and  a  reasonable  attorney's  fee,  apply  the  money  or 
other  property  so  received  in  the  following  manner: 

(A)  If  his  compensation  has  been  paid  in  whole  or  in  part,  he  shall 
refund  to  the  United  States  the  amount  of  compensation  which  has 
been  paid  by  the  United  States  and  credit  any  surplus  upon  future 
payments  of  compensation  payable  to  him  on  account  of  the  same 
injury.    Any  amount  so  refunded  to  the  United  States  shall  be  placed 
to  the  credit  of  the  employees'  compensation  fund. 

(B)  If  no  compensation  has  been  paid  to  him  by  the  United  States, 
he  shall  credit  the  money  or  other  property  so  received  upon  any 
compensation  payable  to  him  by  the  United  States  on  account  of 
the  same  injury. 

SEC.  28.  That  a  commission  is  hereby  created,  to  be  known  as  t 
United  States  Employees'  Compensation  Commission,  and  to  be 
composed  of  three  commissioners  appointed  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  one  of  whom  shall  be 
designated  by  the  President  as  chairman.  No  commissioner  shall 
hold  any  other  office  or  position  under  the  United  States.  No  more 
than  two  of  said  commissioners  shall  be  members  of  the  same  political 
party.  One  of  said  commissioners  shall  be  appointed  for  a  term 
of  two  years,  one  for  a  term  of  four  years,  and  one  for  a  term  of  six 
years,  and  at  the  expiration  of  each  of  said  terms,  the  commissioner 
then  appointed  shall  be  appointed  for  a  period  of  six  years.  Each 
commissioner  shall  receive  a  salary  of  $4,000  a  year.  The  principal 
office  of  said  com  mission  shall  be  in  Washington,  District  of  Columbia, 
but  the  said  commission  is  authorized  to  perform  its  work  at  any 
place  deemed  necessary  by  said  commission,  subject  to  the  restric- 
tions and  limitations  of  this  Act. 

SEC.  28a.  Upon  the  organization  of  said  commission  and  n°t 
cation  to  the  heads  of  all  executive  departments  that  the  commission  pioyees. 
is  ready  to  take  up  the  work  devolved  upon  it  by  this  Act,  all  com- 
missions and  independent  bureaus,  by  or  in  which  payments  for 
compensation  are  now  provided,  together  with  the  adjustment  and 
settlement  of  such  claims,  shall  cease  and  determine,  and  such  execu- 
tive departments,  com  missions,  and  independent  bureaus  shall 
transfer  all  pending  claims  to  said  commission  to  be  administered  by 
it.  The  said  commission  may  obtain,  in  all  cases,  in  addition  to  the 
reports  provided  in  section  twenty-four,  such  information  and  such 
reports  from  employees  of  the  departments  as  may  be  agreed  upon 
by  the  commission  and  the  heads  of  the  respective  departments. 
All  clerks  and  employees  now  exclusively  engaged  in  carrying  on  said 
work  in  the  various  executive  departments,  commissions,  and  inde- 
pendent bureaus,  shall  be  transferred  to,  and  become  employees  of, 
the  commission  at  their  present  grades  and  salaries. 

SEC.  29.  That  the  commission,  or  any  commissioner  by  authority     Powers  as  to 
of  the  commission,  shall  have  power  to  issue  subpoenas  for  and  compel witnesses- 
the  attendance  of  witnesses  within  a  radius  of  one  hundred  miles,  to 
require  the  production  of  books,  papers,  documents,  and  other  evi- 
dence, to  "administer  oaths,  and  to  examine  witnesses,   upon  any 
matter  within  the  jurisdiction  of  the  commission. 

SEC.  30.  That  the  commission  shall  have  such  assistants,  clerks,     Employees    of 
and  other  employees  as  may  be  from  time  to  time  provided  by  Con-  co' 
gress.    They  shall  be  appointed  from  lists  of  eligibles  to  be  supplied 
by  the  Civil  Service  Commission,  and  in  accordance  with  the  civil- 
service  law. 


58        UNITED  STATES  EMPLOYEES*  COMPENSATION  COMMISSION. 

Estimates.  SEC.  31.  That  the  commission  shall  submit  annually  to  the  Secre- 

tary of  the  Treasury  estimates  of  the  appropriations  necessary  for  the 
•work  of  the  commission. 

Rules,    regula-     SEC.  32.  That  the  commission  is  authorized  to  make  necessary  rules 
tions,  etc.  an{j  regulations  for  the  enforcement  of  this  Act,  and  shall  decide  all 

questions  arising  under  this  Act. 

Annual  reports.  $EC.  33  ^  That  the  commission  shall  make  to  Congress  at  the  begin- 
ning of  each  regular  session  a  report  of  its  work  for  the  preceding  fiscal 
year,  including  a  detailed  statement  of  appropriations  and  expendi- 
tures, a  detailed  statement  showing  receipts  of  and  expenditures  from 
the  employees'  compensation  fund,  and  its  recommendations  for 
legislation. 

Expenses.  gEC    34   f^  for  tjie  £gcai  vear  ending  June  thirtieth,  nineteen 

hundred  and  seventeen,  there  is  hereby  authorized  to  be  appropriated, 
from  any  money  in  the  Treasury  not  otherwise  appropriated,  the  sum 
of  $50,000  for  the  work  of  the  commission,  including  salaries  of  the  com- 
missioners and  of  such  assistants,  clerks,  and  other  employees  as  the 
commission  may  deem  necessary,  and  for  traveling  expenses,  expenses 
of  medical  examinations  under  sections  twenty-one  and  twenty-two, 
reasonable  traveling  and  other  expenses  and  loss  of  wages  payable  to 
employees  under  section  twenty-one,  rent  and  equipment  of  offices, 
purchase  of  books,  stationery,  and  other  supplies,  printing  and  binding 
to  be  done  at  the  Government  Printing  Office,  and  other  necessary 
expenses. 

Compensation  SEC.  35.  That  there  is  hereby  authorized  to  be  appropriated,  from 
any  money  in  the  Treasury  not  otherwise  appropriated,  the  sum  of 
$500,000,  to  be  set  aside  as  a  separate  fund  in  the  Treasury,  to  be  known 
as  the  employees'  compensation  fund.  To  this  fund  there  shall  be 
added  such  sums  as  Congress  may  from  time  to  time  appropriate  for 
the  purpose.  Such  fund,  including  all  additions  that  may  be  made 
to  it,  is  hereby  authorized  to  be  permanently  appropriated  for  the  pay- 
ment of  the  compensation  provided  by  this  Act,  including  the  medical, 
surgical,  and  hospital  services  and  supplies  provided  by  section  nine, 
and  the  transportation  and  burial  expenses  provided  by  sections  nine 
and  eleven.  The  commission  shall  submit  annually  to  the  Secretary 
of  the  Treasury  estimates  of  the  appropriations  necessary  for  the  main- 
tenance of  the  fund. 

Findings  and  SEC.  36.  The  commission,  upon  consideration  of  the  claim  presented 
by  tho  beneficiary,  and  the  report  furnished  by  the  immediate  superior 
and  the  completion  of  such  investigation  as  it  may  deem  necessary, 
shall  determine  and  make  a  finding  of  facts  thereon  and  make  an  award 
for  or  against  payment  of  the  compensation  provided  for  in  this  Act. 
Compensation  when  awarded  shall  be  paid  from  the  employees'  com- 
pensation fund. 

SEC.  37.  That  if  the  original  claim  for  compensation  has  been  made 
within  the  time  specified  in  section  twenty,  the  commission  may,  at 
any  time,  on  its  own  motion  or  on  application,  review  the  award,  and, 
in  accordance  with  the  facts  found  on  such  review,  may  end,  diminish, 
or  increase  the  compensation  previously  awarded,  or,  if  compensation 
has  been  refused  or  discontinued,  award  compensation. 

Mistakes  ^EC<  ^'  /^^a*  ^  any  compensation  is  paid  under  a  mistake  of  law  or 

of  fact,  the  commission  shall  immediately  cancel  any  award  under 
which  such  compensation  has  been  paid  and  shall  recover,  as  far  as 
practicable,  any  amount  which  has  been  eo  paid.  Any  amount  BO 


UNITED  STATES  EMPLOYEES'  COMPENSATION  COMMISSION.       59 

recovered  shall  be  placed  to  the  credit  of  the  employees'  compensation 
fund. 

SBC.  39.  That  whoever  makes,  in  any  affidavit  required  under  sec-  Btate" 

tion  four  or  in  any  claim  for  compensation,  any  statement,  knowing  it 
to  be  false,  shall  be  guilty  of  perjury  and  shall  be  punished  by  a  fine 
of  not  more  than  $2,000,  or  by  imprisonment  for  not  more  than  one 
year,  or  by  both  such  fine  and  imprisonment. 

SEC.  40.  That  wherever  used  in  this  Act — 

The  singular  includes  the  plural  and  the  masculine  includes  the    Definitions, 
feminine. 

The  term  "employee"  includes  all  civil  employees  of  the  United 
States  and  of  the  Panama  Railroad  Company. 

The  term  "commission"  shall  be  taken  to  refer  to  the  United  States 
Employees'  Compensation  Commission  provided  for  in  section  twenty- 
eight. 

The  term  "physician"  includes  surgeons. 

The  term  "monthly  pay"  shall  be  taken  to  refer  to  the  monthly 
pay  at  the  time  of  the  injury. 

SEC.  41.  That  all  Acts  or  parts  of  Acts  inconsistent  with  this.  Act    Repeal, 
are  hereby  repealed:  Provided,  however,  That  for  injuries  occurring 
prior  to  the  passage  of  this  Act  compensation  shall  be  paid  under  the 
law  in  force  at  the  time  of  the  passage  of  this  Act:  And  provided  further, 
That  if  an  injury  or  death  for  which  compensation  is  payable  under 
this  Act  is  caused  under  circumstances  creating  a  legal  liability  in     Liability  of 
the  Panama  Railroad  Company  to  pay  damages  therefor  under  the  Panama  Railroad 
laws  of  any  State,  Territory,  or  possession  of  the  United  States  or  of 
the  District  of  Columbia  or  of  any  foreign  country,  no  compensation 
shall  be  payable  until  the  person  entitled  to  compensation  releases 
to  the  Panama  Railroad  Company  any  right  of  action  which  he  may 
have  to  enforce  such  liability  of  the  Panama  Railroad  Company,  or 
until  he  assigns  to  the  United  States  any  right  which  he  may  have  to 
share  in  any  money  or  other  property  received  in  satisfaction  of  such 
liability  of  the  Panama  Railroad  Company. 

SEC.  42.  That  the  President  may,  from  time  to  time,  transfer  the  Administration 
administration  of  this  Act  so  far  as  employees  of  the  Panama  Canal  Jjfd 
and  of  the  Panama  Railroad  Company  are  concerned  to  the  governor  ways, 
of  the  Panama  Canal,  and  so  far  as  employees  of  the  Alaskan  Engi- 
neering Commission  are  concerned  to  the  chairman  of  that  commission, 
in  which  cases  the  words  "commission"  and  "its"  wherever  they 
appear  in  this  Act  shall,  so  far  as  necessary  to  give  effect  to  such  trans- 
fer, be  read  "governor  of  the  Panama  Canal"  or  "chairman  of  the 
Alaskan  Engineering  Commission,"  as  the  case  may  be,  and  "his"; 
and  the  expenses  of  medical  examinations  under  sections  twenty-one 
and  twenty-two,  and  the  reasonable  traveling  and  other  expenses  and 
loss  of  wages  payable  to  employees  under  section  twenty-one,  shall 
be  paid  out  of  appropriations  for  the  Panama  Canal  or  for  the  Alaskan 
Engineering  Commission  or  out  of  funds  of  the  Panama  Railroad,  as 
the  case  may  be,  instead  of  out  of  appropriation  for  the  work  of  the 
commission. 

In  the  case  of  compensation  to  employees  of  the  Panama  Canal  or 
of  the  Panama  Railroad  Company  for  temporary  disability,  either 
total  or  partial,  the  President  may  authorize  the  governor  of  the 
Panama  Canal  to  waive,  at  his  discretion,  the  making  of  the  claim 
required  by  section  eighteen.  In  the  case  of  alien  employees  of  the 


60        UNITED  STATES  EMPLOYEES*  COMPENSATION   COMMISSION. 

Panama  Canal  or  of  the  Panama  Railroad  Company,  or  of  any  class 
or  classes  of  them,  the  President  may  remove  or  modify  the  minimum 
limit  established  by  section  six  on  the  monthly  compensation  for 
disability  and  the  minimum  limit  established  by  clause  (K)  of  sec- 
tion ten  on  the  monthly  pay  on  which  death  compensation  is  to  be 
computed.  The  President  may  authorize  the  governor  of  the  Panama 
Canal  and  the  Chairman  of  the  Alaskan  Engineering  Commission  to 
pay  the  compensation  provided  by  this  Act,  including  the  medical, 
surgical,  and  hospital  services  and  supplies  provided  by  section  nine 
and  the  transportation  and  burial  expenses  provided  by  sections 
nine  and  elven,  out  of  the  appropriations  for  the  Panama  Canal  and 
for  the  Alaskan  Engineering  Commission,  such  appropriations  to  be 
reimbursed  for  such  payments  by  the  transfer  of  funds  from  the  em- 
ployees' compensation  fund. 
Approved,  September  7,  1916. 

Under  the  authorization  given  in  section  42  of  the 
Compensation  Act,  President  Wilson  in  September,  1916, 
issued  the  following  Executive  orders: 

EXECUTIVE  ORDERS. 

No.  2455.  Employees  of  the  Panama  Canal  and  Pan- 
ama Railroad  Co. 

By  virtue  of  the  authority  vested  in  me  by  section  42  of  the  act 
entitled  "An  act  to  provide  compensation  for  employees  of  the  United 
States  suffering  injuries  while  in  the  performance  of  their  duties,  and 
for  other  purposes,"  approved  September  7,  1916,  it  is  hereby  ordered: 

owe?snSfer  °f  l-  That  the  administration  of  tne  act  entitled  "An  act  to  provide 
compensation  for  employees  of  the  United  States  suffering  injuries 
while  in  the  performance  of  their  duties,  and  for  other  purposes," 
approved  September  7,  1916,  so  far  as  employees  of  the  Panama  Canal 
and  of  the  Panama  Railroad  Co.  are  concerned,  is  hereby  transferred 
to  the  governor  of  the  Panama  Canal. 

Power  to  waive  2.  That  in  the  case  of  compensation  to  employees  of  the  Panama 
Canal,  or  of  the  Panama  Railroad  Co.,  for  temporary  disability,  either 
total  or  partial,  the  governor  of  the  Panama  Canal  is  hereby  authorized 
to  waive,  at  his  discretion,  the  making  of  the  claim  required  by  section 
eighteen  of  said  act. 

Alien  em-  3,  That  in  the  case  of  alien  employees  of  the  Panama  Canal,  or  of 
the  Panama  Railroad  Co.,  the  minimum  limit  established  by  section 
six  on  the  monthly  compensation  for  disability,  and  the  minimum 
limit  established  by  clause  (K)  of  section  ten  on  the  monthly  pay  on 
which  death  compensation  is  to  be  computed,  is  hereby  removed. 

Benefits.  4.  That  the  governor  of  the  Panama  Canal  is  hereby  authorized  to 

pay  the  compensation  provided  by  said  act,  including  the  medical, 
surgical,  and  hospital  services  and  supplies  provided  by  section  nine 
and  the  transportation  and  burial  expenses  provided  by  sections  nine 
and  eleven,  out  of  the  appropriations  for  the  Panama  Canal,  such 
appropriations  to  be  reimbursed  for  such  payments  by  transfer  of  funds 
from  the  employees'  compensation  fund. 
SEPTEMBER  15,  1916. 


UNITED  STATES  EMPLOYEES '  COMPENSATION  COMMISSION.       61 


No.  2463.  Employees  of  the  Alaskan  Engineering 
Commission. 

Upon  the  recommendations  of  the  Secretary  of  the  Inferior  and  the 
chairman  of  the  Alaskan  Engineering  Commission,  and  by  virtue  of 
authority  contained  in  section  forty- two  of  "An  act  to  provide  com- 
pensation for  employees  of  the  United  States  suffering  injuries  while 
in  the  performance  of  their  duties,  and  for  other  purposes  "  (Public,  No. 
267,  64th  Cong.,  39  Stat.,  p.  742),  approved  September  7,  1916,  I 
hereby  direct  the  chairman  of  the  Alaskan  Engineering  Commission  to  Transfer  of 
administer  the  provisions  of  this  act  in  so  far  as  employees  of  the  Alaskan 
Engineering  Commission  are  concerned;  and  the  expenses  of  medical 
examinations  under  sections  twenty-one  and  twenty-two,  and  the 
reasonable  traveling  and  other  expenses  and  loss  of  wages  payable  to 
employees  under  section  twenty-one,  shall  be  paid  out  of  appropriations 
for  "Construction  and  operation  of  railroads  in  Alaska." 

I  further  direct  the  chairman  of  the  Alaskan  Engineering  Commission 
to  pay  the  compensation  provided  by  the  aforementioned  act,  including 
the  medical,  surgical,  and  hospital  services  and  supplies  provided  by 
section  nine  and  the  transportation  and  burial  expenses  provided  by 
sections  nine  and  eleven  out  of  appropriations  for  the  "Construction 
and  operation  of  railroads  in  Alaska,"  such  appropriations  to  be  reim- 
bursed for  such  payments  by  transfer  of  funds  from  the  employees' 
compensation  fund. 

SEPTEMBER  29,  1916, 


powers. 


Expenses. 


Benefits. 


INDEX  TO  REGULATIONS. 

[For  full  provisions  of  Compensation  Act,  see  text  of  act,  pp.  51-61.] 


Pag*. 
Accident.      (See  Injury.) 

Ambulance  service 28 

Benefits    provided   by   the   Compensation    Act 7-9 

Burial  expenses,  when  payable 25,  33,  40 

Car  fare  to  secure  medical  or  hospital  service 12,  29 

Chiropractors,  treatment  by 11,  12,  33 

Claims  and  reports,  mailing  of , 20 

Claims   and   reports,   preparation   of 26 

Claim  blanks  to  be  furnished 22,  23 

Claims  for  compensation  on  account  of  death,  how  made 24,  25,  39 

Claims  for  compensation  on  account  of  injury,  how  made 13 

Claims  for  continuance  of  compensation . 14,  15,  41 

Claims  for  damages  against  third  parties  liable  on  account  of  personal  injuries  to 

employees,  procedure 17,  18,  42,  43 

Claims  for  payment  for  medical  and  hospital  service,  how  made 14 

Claims  : 

Notice  to  employees  and  officials  of  action  on 25 

Officials  should  see  that  forms  are  completely  and  correctly  filled 23,  24 

Penalty  for  false  statement  in 14,  40 

Statement  of  medical  officer  to  be  made  in  connection  with 34,  35 

Claims  to  be  forwarded  promptly 24 

Claim,  waiver  of,  does  not  affect  right  to  claim  compensation 14 

Claim,  waiver  of,  official  superior  may  not  require 23 

Compensation  Act,   text  of 51-61 

Compensation  : 

Injuries    for   which    payable 

Intoxication,  when  cause  of  injury,  a  bar  to 16,  17 

Lump    sum    16 

Compensation  not  payable  when  death  or  disability  is  due  to  refusal  of  medical  or 

surgical  treatment 17 

Compensation  on  account  of  death  : 

Change  in  amount  payable  to  beneficiaries 

Claims   for    39 

Claims  for  continuance  of 41 

Penalty  for  accepting,  after  marriage 42 

Termination  of  right  to 41 

Compensation  on  account  of  disability  : 

Claim   for   

Claims    for    continuance    of 14,  15 

Ended  by  failure  to  return  to  work  or  to  seek  work  when  able 15,  16 

Suspended  if  medical  examination  is  refused 

Suspended  if  medical  or  surgical  treatment  is  refused 

Waiver  of  affidavit  when  necessary 13,  14 

Wilful  misconduct  or  intention  to  bring  about  injury,  a  bar  to 16 

Death  : 

Benefits  payable  in  case  of 

Burial  expenses  payable  in  case  of 

Claims  on  account  of,   how   made 24,  25 

Embalming  and  transportation  of  bodies 40 

Money  benefits  payable   in   case  of 

Report    of,    how   made 22 

Disabilities    not   related    to    injury   but   prolonging    treatment    to    be    immediately 

.  reported    to    Commission 

Disability,  partial  : 

Affidavits  as  to  earnings  in  case  of 16 

Benefits    payable    

Certificate  of  inability   to   secure   employment 

Failure  to  return  to  work  or  to  seek  work  when  able  will  end  compensation 15,  16 

Injured  employee  should  be  given  or  secured  work  when  able 21,  22 

Injured  employee  able  to  do  light  or  modified  work 

Permanent,  injured  employee  to  be  informed  of  his  rights 22 

Disability,  total,  benefits  payable - 7,  8 

Disability.      (See   also   Injury.) 

Duties  of  beneficiaries  of  deceased  employees 39-43 

62 


INDEX   TO   REGULATi.O^^/,   ;      •':'.';' \  :';'..      •  .  63 

Page. 

Duties  of  employees , 11-18 

Duties  of  official  superiors 19-26 

Embalming  and  transportation  of  bodies  of  deceased  employees 40 

Emrrgeury  first-aid  treatment 27 

Emergency   first-aid   treatment  by   private  physicians,   bills  for 28 

Employees,    dutie.s   of 11-18 

Employees  protected  by  the  Compensation  Act 7 

First -aid  treatment  at  dispensary  should  be  by  medical  officer  or  trained  assistant-  28 

First  aid  treatment  by  United  States  medical  officers 27 

First-aid  treatment   (duties  of  employees) 11 

First-aid  treatment   (duties  of  official  superiors) 19 

First-aid  treatment  in  emergency 28 

First-aid  treatment  in  emergency  by  private  physicians,  bills  for 28 

Forms  used  in  reporting  injuries  and  making  claims 47-50 

Frostbite,  ruling  of  Commission  as   to  award 40 

Heat  prostration,  ruling  of  Commission  as  to  award 40 

Hernia,  ruling  of  Commission  as  to  award 45,  40 

Hospitals  and  dispensaries,  medical  treatment  to  be  given  at,  wherever  practicable-  29 

Hospital  bills  to  be  forwarded  to  Commission  and  not  paid  by  employee 37 

Hospital  rules,  refusal  to  submit  to 15.  34 

Hospital  treatment : 

Approval  of  medical  officer 30 

Bills  of  designated  hospitals 31 

Car  fare  to  secure 12,  29 

Claim  for  payment  for 14 

Examination  and  records  preceding 30 

Explanation  of  refusal  of,  to  be  made  to  employees 31 

In  emergency 29,  30 

In  general  ward,  to  be  furnished 36 

Injured  employee  to  "be  informed  of  his   rights 19,  20 

Injured  employee  to  select  hospital,  if  necessary,  where  no  United  States  or 

designated  hospital  is  available 37 

In  private  room,  conditions  under  -which  furnished . 36 

Not  paid  for  if  employee  refuses  to  accept  what  is  provided 11,  33 

Orders  for,  in  designated  hospitals 31 

Orders  for,  to  be  submitted  to  Compensation  Commission  with  bills 32 

Pending  determination  of  injured  employee's  right  to  treatment 30,  3T. 

Procedure  where  there  are  no  United  States  or  designated  hospitals 36—38 

Requests  authorizing  treatment  of  injured  employees 20 

Requests  for,  when  official  superior  has  doubt  as  to  employees'  right  to  treat- 
ment    20,  30 

To  which  injured  employee  is  entitled 19,  27 

Transportation  to  secure 12,29,37,38 

Treatment   available 27 

When  medical  officer  has  doubt  of  employee's  right  to  treatment 

Without  cost  to  employee  by  designated  physicians  and  hospitals II 

Without  cost  when  no  physician  or  hospital  has  been  designated 11,  12 

Injury,  claim  for  compensation  on  account  of,  how  made "13 

Injury,  notice  of,  to  be  submitted  by  employee  in  all  cases 12, 13 

Injuries  for   which   compensation  is  payable 7 

Injury.      (See  also  Disability.) 

Insane  injured  employee,  claim  how  submitted 23 

Insane  injured  employees  to  be  transferred  to  hospital  for  insane 26,  38 

Instructions  covering  medical,  surgical,  and  hospital  services 27-38 

Law.   text  of 51-61 

Lightning,   ruling  of  Commission   as   to   award 46 

Lump-sum  payments,  policy  of  Commission 16,  40 

Medical  and  hospital  service  : 

Available  service 27 

Car  fare   to   secure 12,  29 

Claim   for   payment   for 14 

Injured  employee  to  be  informed  of  his  rights 19,  20 

Service  not  paid  for  if  the  employee  refuses  to  accept  what  is  provided 11,  33 

Request  authorizing  treatment  of  injured  employee 20 

Requests  for,  when  official  superior  has  doubt  as  to  employee's  right  to  treat- 
ment    20,  30 

Service  to  which  injured  employee  is  entitled 19,  27 

Transportation  to  secure 12,29,37,38 

Service  without  cost  to  employee,  by  designated  physicians  and  hospitals 11 

Service  without  cost  to  employee,  where  no  nhysician  or  hospital  has  been 

designated . 11,  12 

Medical  bills  to  be  forwarded  to  Commission  and  not  paid  by  employee 12,  37 

Medical    certificates 15 

Medical  examinations  and  records  preceding  hospital  treatment 30 

Medical  examination  : 

In  case  of  disagreement  as  to  injured  employee's  ability  to  resume  work 22 

Refusal  or  obstruction  of 15,  34 

To  determine  whether  disability  is  due  to  injury 38 

What  may  be  required 15 

Medical  or  surgical  treatment,   refusal   of 17,  33.  34 

Medical  referee's  examination  must  be  thoroughly  impartial  procedure 35,  36 

Medical  referee's  examination,  official  superior  and  injured  employee  may  be  rep- 
resented T)y  physicians * 35 

Medical  referee  to  be  employed  in  case  of  disagreement 35 

Medical  supervision  of  injured  employees  treated  bv  private  phvsicians__.  34 
Medical  treatment  : 

Dispensary   service _  28,29 

In  designated  hospitals,  orders  for 31 


64  I1TDEX   TO   REGULATIONS. 

Medical  treatment — Continued.  Page. 
In  hospitals,  orders  for   to  be  submitted  to   Compensation   Commission  with 

bills. - ^ 32 

Request  for , 28,  29 

Specialists,  bills  for 32,33 

Specialists  to  be  employed  when  necessary 32 

To  be  given  at  dispensaries  and  hospitals  wherever  practicable 29 

Treatment  by  osteopaths,   chiropractors,  etc 33 

When  furnished 7 

Misconduct,  willful,  a  bar  to  compensation 

Notice  of  action  on  claims 25 

Notice  to  employees  of  their  rights  and  duties 26 

Notice   of   injury 12,13 

Official  superior,  definition  of 

Osteopaths,  chiropractors,  etc.,  treatment  by 11,12,33 

Payments  by  mistake 18,43 

Physicians  : 

Bills  to  be  forwarded  to  Commission  and  not  paid  for  by  employee 37 

First  aid  treatment  in  emergency 28 

Only  charges  which  Commission  considers  reasonable  will  be  paid 12,36,37 

Treatment  not  paid  for  if  employee  refuses  to  accept  what  is  provided 11 

Treatment  without   cost  to  employee 11 

When  injured  employee  may  select 11, 12,  36,  37 

Preexisting  physical  defect,  aggravation  of,  ruling  of  Commission  as  to  award 46 

Records,  clinical,  to  be  kept 32 

Record  of  injury 20,  28 

Reports  of  deaths 22 

Reports  of  injuries 20,  21 

Report   of  termination   of   disability 22 

Rulings  of  the  Compensation  Commission 45,  46 

Definition  of  term  "  While  in  performance  of  his  duty  " 45 

Hernia 45,  46 

Aggravation  of  preexisting  physical  defect,  sunstroke,  heat  prostration,  frost- 
bite,  and   lightning 47 

Specialists,  bills  for  treatment  by 32,  33 

Specialists  to  be  employed  when  necessary 32 

Sunstroke,  ruling  of  Commission  as  to  award 46 

Surgical  treatment.      (See  Medical  and  surgical  treatment.) 

Third  party  liability,  procedure  in  case  of  disability 17,  18 

Third  party  liability,  procedure  in  case  of  death 42,  43 

Termination  of  disability,  report  of 

Termination  of  right  to  compensation  in  case  of  death 

Transportation  of  bodies  of  deceased  employees 

Transportation  to  secure  medical  or  hospital  service 12,29,37,38 

While  in  the  performance  of  his  duty,  definition  of  term 45 


O 


Gay  lord  Bros. 

Makers 

Syracuse,  N.  Y. 
'  PAT.  JAN.  21J908 


380483 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


